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Legal Opinion · Dissent

Morris v. CMS Oil and Gas Co.

Wyoming Supreme Court

Decided March 25, 2010No. S-08-0103, S-08-0104Published

1DissentGolden, J.

[T51] I respectfully dissent from the majority opinion's conclusions regarding the reporting penalties and attorney's fees.

Reporting Penalties

[152] I believe the majority opinion misses the primary mark on this issue. Despite the majority opinion's statement to the contrary, CMS expressly challenges the factual bases for the award of reporting penalties. In its appeal against the award for reporting penalties (S-08-0104), CMS argues the award of reporting penalties was purely speculative because Morris failed to prove with any specificity that any reporting penalties were due:

Plaintiff did…

2Cases cited6 opinions

  1. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  2. City of Burlington v. DagueSupreme Court of the United States · 1992
  3. State v. StovallWyoming Supreme Court · 1982
  4. Mahaney v. Hunter Enterprises, Inc.Wyoming Supreme Court · 1967
  5. Matter of TLBWyoming Supreme Court · 1989

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