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Edit Delete 10th Circuit

CIVIL RIGHTS

Guy v. U.S. Department of Defense, Sep-09-2014

J. Baldock finds that Guy, a serial pro se filer, cannot file another federal lawsuit. Guy filed seven lawsuits -- all of which were dismissed -- against federal agencies in the past after he was captured and brought back to the U.S. from Kuwait to face indictment for several counts of tax evasion and fraud. Guy's latest lawsuit is frivolous and nearly identical to a complaint he filed in 2011. According to the Prison Litigation Reform Act, a prisoner has three chances to file a nonfrivolous lawsuit before being barred from further filings. Since Guy has three strikes against him under the Act, he cannot file unless he is in imminent danger.

Edit Delete 1st Circuit

IMMIGRATION, ADMINISTRATIVE LAW

Guerrero v. Holder, Sep-09-2014

J. Thompson finds that the Board of Immigration Appeals properly ordered petitioner deported. He is a citizen of the Dominican Republic who was first ordered deported in 1995 following a drug possession conviction and has repeatedly entered the country without admission. The board acted within its discretion when it ordered him deported. Affirmed.

Edit Delete 1st Circuit

FIREARMS, VEHICLE, SEARCH

U.S. v. Tiru-Plaza, Sep-09-2014

J. Torruella finds that the lower court properly declined to suppress a firearm discovered in defendant's car during a traffic stop. The police had reasonable suspicion to believe that the car was stolen once they pulled it over for a traffic stop, and then saw that defendant had a firearm in his waist band. The police did not illegally extend the detention by ordering defendant's passenger to open the hood of the car since there was reasonably suspicion that the car was stolen and the vehicle identification number printed on the engine block could help determine this. The request was especially reasonable considering that the passenger failed to provide a valid license or registration. Affirmed.

Edit Delete 2nd Circuit

EMPLOYMENT, DISCOVERY, ATTORNEYS

Jackson v. Federal Express, Sep-09-2014

J. Winter finds that the district court properly dismissed a worker's claims of employment discrimination and retaliation even though she was at odds with her attorney, who challenged few of the undisputed facts entered by her employer to support summary judgment. Although the worker argues that she needed extra time to access certain time cards, her employer had already said that it did not have those records. "Finally, the hoped-for-tripping-up of [her supervisor] was the legal equivalent of a potentially counterproductive -- in the revelation of more adverse evidence -- lottery ticket of little value." Denial of her subsequent pro se request to reopen discovery was proper because she previously had been given ample time, when represented by counsel, for discovery. Affirmed.

Edit Delete 3rd Circuit

FIREARMS, CONSTITUTION, SENTENCING

U.S. v. Lewis, Sep-09-2014

J. Fisher finds that the lower court improperly imposed a sentencing enhancement on defendant for brandishing a firearm, when this element of the crime of using and carrying a firearm in the commission of a robbery was never included in the indictment or presented to the jury. However, the error was harmless because his sentence would have been the same had he been sentenced under the correct guidelines, and therefore the mistake does not amount to structural error. The overwhelming evidence presented at trial makes it safe to conclude that the jury would have found that defendant brandished a firearm beyond a reasonable doubt had it been instructed on this element. Affirmed.

Edit Delete 5th Circuit



Trottie v. Livingston, Sep-09-2014

[Revised.]

Edit Delete 6th Circuit

PRISONERS RIGHTS

Himmelreich v. Federal Bureau of Prisons, Sep-09-2014

Per curiam, the circuit finds that the district court improperly found for the prison. Under the Prison Litigation Reform Act, a prisoner must exhaust his administrative remedies before he can file suit. The prison argues that the prisoner did not. However, "[t]here are few exceptions to this strict rule, but we have excused a prisoner's lack of complete compliance when the improper actions of prison officials render the administrative remedies functionally unavailable." The prisoner offers specific evidence that he was intimidated and retaliated against by the prison's captain for filing his grievances. "... this retaliation and intimidation-if proven true-would render the grievance process functionally unavailable for a person of ordinary firmness." Vacated.

Edit Delete 7th Circuit

NEGLIGENCE, CONTRACT, DAMAGES

Jentz v. ConAgra Foods, Sep-09-2014

J. Easterbrook finds that the lower court improperly awarded damages against ConAgra in a suit filed over the explosion of a grain bin, which injured three workers. Although ConAgra owned the facility, part of a large flour mill, defendant West Side Salvage was specifically hired to address the problems and failed to do so. West Side was not a volunteer or subsidiary, but a standard independent contractor for whom normal contract rules apply. The court thus should have left West Side fully liable for indemnification and other damages. However, the punitive damages award should be set aside since nothing shows that ConAgra or West Side grossly deviated from the reasonable standard of care. Reversed in part.

Edit Delete 7th Circuit

SEARCH, FIREARMS, PLEA

U.S. v. Harper, Sep-09-2014

J. Rovner finds that the lower court properly sentenced defendant for being a felon in possession of a firearm. Although the drug quantity evidence was partly based in hearsay, a court can rely on hearsay in sentencing even if it would not have been admissible at trial. The only question is reliability, which the lower court already adequately dealt with. Although it could be overbroad to prosecute a person for having a firearm at some indeterminate point in the past, defendant's possession during a drug sale was in close proximity to his arrest. Affirmed.

Edit Delete 7th Circuit

CONTRACT, CONSTRUCTION, EMPLOYMENT

Abraham v. Washington Group International, Sep-09-2014

J. Rovner finds that the lower court properly dismissed plaintiff's contract action. Defendant offered him a position as a lead scheduler for a construction project as well as a title befitting greater responsibilities: "project control manager." Defendant never promised to give plaintiff actual project control manager responsibilities, and it kept its end of the bargain by increasing his salary. In the context of employment discrimination, it is important to avoid micromanaging employers' attempt to be flexible in assigning job duties when they do not adversely alter an employee's position because there may be many job-specific reasons why an employer might decline to elaborate specific job duties. Affirmed.

Edit Delete 7th Circuit

EMPLOYMENT, CIVIL RIGHTS

Muhammad v. Caterpillar, Sep-09-2014

J. Rovner finds that the lower court properly dismissed plaintiff's sexual and racial harassment claims against his former employer. Coworkers referred to him as a "black nigger" and said that they did not like his "black faggot ass." Defendant made reasonable and mostly successful efforts to discipline the coworkers. Plaintiff also failed to take full advantage of defendant's mechanism for complaining about harassment. Defendant also offered adequate unrelated reasons for its suspending plaintiff that had to do solely with performance issues. Proximity in time to a discriminatory act is not enough to prove retaliation. Affirmed.

Edit Delete 8th Circuit

CONTRACT, REAL ESTATE, ATTORNEY FEES

Karlen v. Jones Lang LaSalle Americas, Sep-09-2014

[Consolidated.] J. Kelly finds that the lower court improperly found for plaintiff in his contract action over unpaid commission on a real estate deal that closed shortly after his employment with defendant ended. The actual execution of the contract was a critical component of plaintiff's right to a commission, and any reasonable expectation he had left ended when he was terminated. Given his loss on appeal, he must also lose his attorney fees award. Reversed.

Edit Delete 8th Circuit

SENTENCING, CHILD ABUSE, SEX OFFENDER

U.S. v. O'Dell, Sep-09-2014

Per curiam, the circuit finds that the lower court sentenced defendant to 20 years in prison following his guilty plea to sexually exploiting children while supervising a Missouri YMCA camp. The victim's affidavit provided adequate probable cause for the court to issue a search warrant for defendant's home. There was adequate corroboration of the informant's claims. Although the affidavit did not identify the victim, he was already known to police, who had dealt with similar teenage boy victims of the same criminal. Affirmed.

Edit Delete 8th Circuit

SENTENCING, FIREARMS, BURGLARY

U.S. v. Thornton, Sep-09-2014

J. Kelly finds that the lower court improperly sentenced defendant to 15 years in prison under the Armed Career Criminal Act after he pled guilty to being a felon in possession of a firearm. His Kansas burglary conviction does not amount to a violent crime for sentencing purposes under the Act since it criminalizes both felony and non-felony conduct. The conduct might have amounted to a felony, but ehc only record is a court journal entry, which is not precise or official enough to suffice under these circumstances. Reversed.

Edit Delete 9th Circuit

CONSTITUTION, AGENCY, CIVIL PROCEDURE

Tarabochia v. Adkins, Sep-09-2014

J. Hawkins finds that the district court improperly ruled for defendants in a case where plaintiff-fishermen challenged a "suspicionless roving automobile stop" by Fish and Game officers. Defendants had no probable cause to stop plaintiffs under the administrative search exception. Reversed.

Edit Delete 9th Circuit

PRIVACY, AGENCY, CIVIL PROCEDURE

Kowak v. U.S. Forest Service, Sep-09-2014

J. Kozinski finds that the district improperly ruled for defendants in a FOIA action. Defendants must produce a more detailed index of two categories of documents previously withheld from plaintiff. The documents relate to an investigation of alleged workplace violence at a Job Corps center in Montana. Reversed in part.

Edit Delete 9th Circuit

HABEAS, MURDER, JURY

Castellanos v. Small, Sep-09-2014

J. Murguia finds that the habeas court improperly denied defendant relief from convictions for murder, assault with a firearm and street gang solicitation. There is clear evidence of discrimination during jury selection. Reversed.

Edit Delete Arizona Court Of Appeals Division One

CORPORATIONS

Gries v. Plaza Del Rio Management, Sep-09-2014

J. Howe finds that the lower court properly dismissed plaintiffs' amended lawsuit for judicial dissolution of defendant Plaza Del Rio Management because the company's shareholders and directors were allegedly deadlocked, and defendant Sharon Harper controlled the company "and acted oppressively or fraudulently." Harper's decision to buy plaintiffs' shares was voluntary and served to protect her non-economic interest. The court also properly dismissed plaintiff's claim for damages after Harper continued to pay herself under the parties' retirement agreement. The agreement did not expire because it was not a shareholders' agreement since it was not signed by all the shareholders. Affirmed.

Edit Delete Arizona Court Of Appeals Division One

FAMILY LAW

Desiree S. v. Department of Child Safety, Sep-09-2014

J. Portley finds that the mother's parental rights were improperly terminated. The mother completed all of the services offered by defendant, including drug treatment, counseling, and psychological evaluations, and sought to reunite with her son, who was removed from her care for 15 months. Reversed.

Edit Delete California Courts Of Appeal

ADMINISTRATIVE LAW, HEALTHCARE, LICENSING

Norasingh v. Lightbourne, Sep-09-2014

J. Reardon finds that a trial court incorrectly denied plaintiff's request to overturn a decision by defendant to revoke her in-home services care because she was no longer eligible. The court misapplied the law, which prohibits protective care for purely anticipatory reasons, to plaintiff's illness and ignored significant evidence that the seizures she suffers from cause her to lose control and render her unable to protect herself from injury. Reversed.

Edit Delete California Courts Of Appeal

PROPERTY, ZONING, ENVIRONMENT

Rominger v. County of Colusa, Sep-09-2014

J. Robie finds that a trial court incorrectly denied plantiffs' environmental challenge of a declaration by defendants that mitigations would eliminate or lessen the impact of a proposed subdivision. The court found that the project did not require CEQA-level scrutiny when it does, since CEQA applies to the approval of subdivision maps, as happened in this case. And despite defendants' argument that the project qualifies for the "common-sense" exception to public works projects, the map anticipates future sales, leases and building beyond public works. Reversed.

Edit Delete California Courts Of Appeal

FAMILY LAW

Christina L. v. Chauncey B., Sep-09-2014

J. Rivera finds that a trial court incorrectly modified an earlier child custody order and gave the parties joint legal and physical custody of their children. Besides not finding the required significant change in circumstances to justify modifying the earlier order, the trial court also ignored the effects of the mother's domestic violence restraining order against the father. Reversed.

Edit Delete California Courts Of Appeal

LANDLORD TENANT, CIVIL PROCEDURE

Foster v. Williams, Sep-09-2014

J. Ricciardulli finds that a trial court incorrectly ruled in favor of plaintiff in her unlawful detainer case against defendant. The three-day pay-or-quit notice plaintiff gave to defendant did not provide the physical address where defendant could pay his rent as required, instead listing only a web address. The notice also lacked the required notice that defendant could make his payment using a previously established electronic funds transfer. Reversed.

Edit Delete California Courts Of Appeal

PROPERTY, CONSTRUCTION

Lynch v. California Coastal Commission, Sep-09-2014

J. McConnell finds that a trial court incorrectly ordered defendant to remove three conditions from plaintiffs' development permit. Aside from the fact that limiting the duration of the permit and denying a staircase fell made sense and were supported by evidence, plaintiffs also waived any challenge they may have had by signing off the permit documents and building their project. Affirmed.

Edit Delete Connecticut Court Of Appeals

HABEAS, ROBBERY, INEFFECTIVE ASSISTANCE

Hall v. Commissioner of Correction, Sep-09-2014

J. Lavine dismisses defendant's appeal regarding the dismissal of his petition for a writ of habeas corpus, following his conviction of robbery and larceny. Defendant says that his attorney was ineffective for failing to object to the admission of a store surveillance video, but the admission was not prejudicial. The tape "was merely cumulative of the testimony" of a multitude of eyewitnesses who identified defendant as the person who robbed the Best Way gasoline station. Affirmed.

Edit Delete Connecticut Court Of Appeals

HABEAS, PLEA, INEFFECTIVE ASSISTANCE

Palmenta v. Commissioner of Correction, Sep-09-2014

J. Harper dismisses plaintiff's appeal following the denial of his amended petition for a writ of habeas corpus, after defendant pleaded guilty to multiple charges that included burglary and larceny. While defendant's attorney initially misadvised defendant regarding the total sentence defendant would receive, he corrected the error before the court accepted the plea, and evidence supports the finding that defendant's plea was entered with full knowledge regarding "relevant parole eligibility."

Edit Delete Connecticut Court Of Appeals

FIREARMS, MIRANDA

Connecticut v. Luther, Sep-09-2014

J. Pellegrino finds that the trial court properly convicted defendant on charges that included criminal possession of a firearm and interfering with an officer. Defendant's constitutional right to remain silent was not violated when he was cross-examined by the state regarding the myriad of inconsistencies between his direct examination testimony and the multitude of stories he had told the officers who had investigated his civil complaint for charges that included false arrest and excessive force. Defendant waived his right to remain silent in correlation to those statements, as defendant was fully cognizant of his Miranda rights and had invoked them previously during a prior interview with the officers. Therefore, he "waived his right to remain silent with respect to the subject matter of those statements." Affirmed.

Edit Delete Connecticut Court Of Appeals

FAMILY LAW

Fox v. Fox, Sep-09-2014

J. Bear finds that the trial court improperly increased the amount of child support paid by defendant from $1,250 per month to $6,963 per month, as the court's reasoning for using defendant's "imputed income instead of his actual income" failed to reference the actual needs of the minor children. While the court is permitted to use defendant's earning capacity as a base for the calculation, the court failed to list defendant's earning capacity among the "deviation criteria" utilized to support the substantial increase. Reversed.

Edit Delete Connecticut Court Of Appeals

NEGLIGENCE, IMMUNITY

Jahn v. Monroe Board of Education, Sep-09-2014

J. Keller finds that the trial court properly dismissed the negligence claim plaintiff brought after suffering severe injuries due to an unsupervised swim meet practice. Defendant's choice to run the program in question was "not prescribed by any state or school policy," and intended to benefit students "in general," not just plaintiff student. In addition, plaintiff's attendance was voluntary, not mandatory. Therefore, defendants were entitled to immunity. Affirmed.

Edit Delete Connecticut Court Of Appeals

SENTENCING, JURISDICTION, MANSLAUGHTER

Connecticut v. Abraham, Sep-09-2014

J. Keller finds that the trial court improperly denied defendant's motion to correct an illegal sentence after defendant was convicted of charges that included manslaughter in the first degree with a firearm. Defendant was sentenced to forty years of incarceration with a consecutive five year enhancement. Defendant's claim that the imposition of the five year enhancement was illegal "absent the requisite jury findings" had merit, as the court erroneously removed the sentence enhancement determination from the jury. This error is not one of "instructional error," and the court must determine whether the imposition of the enhanced sentence was appropriate. Reversed.

Edit Delete Connecticut Supreme Court

MURDER, WITNESS

Connecticut v. Santana, Sep-09-2014

J. Espinosa finds that the trial court properly convicted defendant on charges of conspiracy to commit murder and carrying a pistol without a permit, as the court properly determined that statements contained in that search warrant affidavit were properly omitted as evidence. Defendant failed to demonstrate how the denial of his request prevented him from raising a third party culpability defense. Therefore, defendant has not shown that the court's "evidentiary ruling deprived him of his right to present a defense." Affirmed.

Edit Delete Connecticut Supreme Court

FRAUD, DAMAGES, JURISDICTION

Hylton v. Gunter, Sep-09-2014

J Robinson finds that the court of appeals improperly awarded plaintiff $342,648 in compensatory damages and punitive damages in the form of attorney fees regarding plaintiff's complaint of fraud and civil theft. The court improperly dismissed defendant's appeal based on the fact that the court had not yet resolved plaintiff's claim for punitive damages, as an "appealable final judgment existed when this appeal was filed." Therefore, the court did not lack jurisdiction. Reversed.

Edit Delete Connecticut Supreme Court

SEX OFFENDER, CONFRONTATION

Connecticut v. Benedict, Sep-09-2014

J. McDonald finds that the court of appeals improperly found for defendant on the charge of sexual assault in the fourth degree, after defendant, a high school substitute teacher, assaulted a 17-year-old student. Defendant's right to confrontation was not violated by the court's refusal to allow him to cross-examine the victim regarding the conditions of her "diversionary program." Though the victim has a felony charge for possession of heroin pending, the details of the program were not "sufficiently relevant to implicate his right to confrontation." Reversed.

Edit Delete Connecticut Supreme Court

WRONGFUL DEATH, CIVIL PROCEDURE

Dorry v. Garden, Sep-09-2014

J. Eveleigh finds that the lower court improperly dismissed plaintiffs' wrongful death action, as plaintiff's action was not barred by the statute of limitations. Since defendants received "effective notice within the statute of limitations," via a marshal, the court incorrectly found that "the savings statute did not save plaintiff's second action." Reversed.

Edit Delete Court Of Federal Claims

CONTRACT

Arkray v. U.S., Sep-09-2014

J. Firestone finds that the government cannot award the company's competitor a contract to provide diabetes test strips to the Defense Health Agency because the competitor did not have a Federal Supply Schedule contract as required in the solicitation. The government argues the competitor's affiliate had an FSS contract, which makes its award permissible. However, the record shows the solicitation clearly required the competitor itself to have an FSS contract, not its affiliate.

Edit Delete Georgia Court Of Appeals

FRAUD, BAIL

Malloy v. State, Sep-09-2014

J. Ellington finds that the trial court properly denied defendant an appeal bond after he was convicted of Medicaid fraud. Although defendant claimed he was not a flight risk, his financial resources and connections outside of Georgia suggest otherwise. Additionally, since defendant was found guilty of a crime involving deceit and the theft of public money, his assurances are not credible. Affirmed.

Edit Delete Georgia Court Of Appeals

DUI, CRIMINAL PROCEDURE, INEFFECTIVE ASSISTANCE

Holman v. State, Sep-09-2014

J. Dillard finds that defendant's convictions for DUI and serious injury by vehicle must stand in the absence of a trial record. Since appellant did not make available a record of the evidence and trial proceedings, it is impossible to review his allegations of insufficient evidence and ineffective assistance. Affirmed.

Edit Delete Georgia Court Of Appeals

ATTORNEYS, VENUE

Diaz v. State, Sep-09-2014

Per curiam, the circuit finds that the case should be remanded to state court to fix an incomplete record. The appellant's attorney filed untimely motions after already receiving an extension of time to file a brief. However, since the case has been unusually delayed due to lost or delayed transcripts and pleadings, additional delays should be avoided.

Edit Delete Illinois Appellate Court

BANKING/LENDING, SECURITIES

Diocese of Quincy v. Episcopal Church, Sep-09-2014

J. Pope finds that the lower court properly quieted title to property and a bank account in plaintiff. The dispute arose over a theological disagreement that neither affected the parties' relationship nor created an implied trust. The Religious Corporation Act imposes certain trustee membership requirements on the incorporating body, but it only applies to organizations unlike the parties that were organized under it. Affirmed.

Edit Delete Illinois Appellate Court

HABEAS, DUI

People v. Clark, Sep-09-2014

J. Turner finds that the lower court properly dismissed defendant's petition for post-conviction relief on his DUI convictions. The provision under which he sought relief provides credit for custody on a former charge, not the present one. Affirmed.

Edit Delete Illinois Appellate Court

FAMILY LAW, JURISDICTION

McCormick v. Robertson, Sep-09-2014

J. Harris finds that the lower court improperly vacated a lower court's child custody finding. Although the child resulted from a brief relationship that petitioner father had with the mother in Missouri, the Illinois court still had jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act. The parties' significant contacts with each state gave both states the right to take jurisdiction. This also serves the child's best interest in final and uniform judgments. Reversed.

Edit Delete Illinois Appellate Court

ROBBERY, INEFFECTIVE ASSISTANCE, WITNESS

People v. Hemingway, Sep-09-2014

J. Kelly finds that the lower court properly denied defendant habeas on his armed robbery conviction and 35-year sentence. Counsel was not ineffective in failing to call an alibi witness since her affidavit was not notarized. This is not a waivable technical defect and can be grounds for summary dismissal. The 35-year sentence was not excessive either. Affirmed.

Edit Delete Illinois Supreme Court

JUVENILE LAW, CRIMINAL PROCEDURE, DRUG OFFENDER

Matter of Derrico G. v. , Sep-09-2014

J. Karmeier finds that the lower court improperly prohibited the prosecutor from objecting to a continuance in petitioner's juvenile drug dealing case. The Juvenile Court Act grants this right to prosecutors and is not unconstitutional. It allows them to further the juvenile's best interest as well. Reversed.

Edit Delete Indiana Court Of Appeals

FAMILY LAW, ATTORNEY FEES

Hedrick v. Gilbert, Sep-09-2014

J. Baker finds that the trial court properly denied plaintiff's attempt to modify a child support agreement. The parents' income levels were similar to when they agreed to to split the cost of their child's college education. However, because the parties' salaries are similar, a previous award of attorney fees to the mother was invalid. Affirmed in part.

Edit Delete Indiana Court Of Appeals

EVIDENCE

Indiana v. Wroe, Sep-09-2014

J. Baker finds that the trial court improperly suppressed a polygraph test in a child abuse case. Defendant signed an agreement to take a polygraph test that allowed the findings to be used against him in court. Despite having no attorney present for the test, defendant was aware that the results could be used against him. Reversed.

Edit Delete Indiana Supreme Court

SETTLEMENTS, FAMILY LAW

Pohl v. Pohl, Sep-09-2014

J. Rush finds that the trial court improperly ruled that plaintiff's settlement agreement with her husband could not be modified. The agreement contained language that allowed it to be altered if future circumstances changed. Reversed.

Edit Delete Indiana Supreme Court

FORFEITURE

Hughley v. Indiana, Sep-09-2014

J. Rush finds that the trial court improperly awarded summary judgment to defendant. Plaintiff offered an affidavit in response to the forfeiture of money found on him during an arrest. Thus, the evidence raised an issue that could only be resolved by trial. Reversed.

Edit Delete Louisiana Court Of Appeal

ELECTIONS, FALSE CLAIMS, SANCTIONS

Richmond v. Louisiana Secretary of State, Sep-09-2014

J. Bagneris finds that the trial court improperly disqualified defendant as a candidate for United States House of Representatives for the Second Congressional District. On appeal, defendant claims the court wrongfully placed the burden of proof on him in a prima facie case. Upon review, he is correct. Because the burden of proof properly falls on plaintiff to show defendant still owed $700 to the Board of Ethics at the time of his candidacy, and plaintiff fails to provide such evidence, the court's decision is overturned. Reversed.

Edit Delete Louisiana Court Of Appeal

ELECTIONS, FALSE CLAIMS, EXPERTS

Russo v. Burns, Sep-09-2014

J. Bagneris finds that the trial court improperly ruled in an election dispute. Defendant filed a notice of candidacy for the office of Orleans Parish District Attorney, and plaintiff sought to have him disqualified for failing to file tax returns. Defendant claimed during trial that his tax preparers filed them for him, and that he signed the documents in their office. However, when he attempted to call her as a witness for the defense, the court denied his request. Because the testimony could have made a difference on the ruling, it is clear defendant suffered prejudice because of the court's ruling and was denied his day in court. Therefore, the case is remanded for further proceedings. Reversed.

Edit Delete Louisiana Court Of Appeal

FAMILY LAW

Politz v. Politz, Sep-09-2014

J. Williams finds that the lower court properly found for the ex-husband on his life insurance policies. The husband is the owner of the policies, and while the wife is named beneficiary, law does not mandate that she be awarded the policies. The court also properly accepted the husband's testimony regarding his reimbursement claim. The wife failed to refute his claim. Affirmed.

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