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Tag Archives: trial court

Contract – Emails – Alleged Oral Contract – Quantum Meruit – Civil Practice – Summary Judgment – Motion to Continue (access required)

Taft v. Dickman Even though plaintiffs placed evidence of an oral contract in the trial court record, plaintiffs only relied on the parties’ emails – their written agreement – in their arguments at the trial level. Plaintiffs may not have summary judgment for defendants overturned based on an argument plaintiffs did not make before the trial court, i.e., that the parties had an oral contract with terms that varied from their written contract.

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Criminal – DWI– Admissibility of Medical Records – Sufficiency of Evidence (access required)

State v. Wood Even though hospital personnel are aware that a defendant was under investigation for impaired driving and may have observed him speaking with a police officer, neither of those facts transforms records created for the purpose of providing defendant with medical care into documents created for the purpose of establishing or proving some fact at trial.

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