PAROLE: Sex offender in prison for failure to register properly required to undergo therapeutic polygraph, properly used in denying parole… habeas denied. [Read more…]
Archives for January 2009
Joinder, MVA non-diverse tortfeasor, insurer
JOINDER of MVA tortfeasor as non-diverse party allowed in suit against insurer, remanded… Ostby/Cebull.
Kimberlee Greenough initiated this declaratory action in State Court seeking [Read more…]
ERISA, employee derivative action, preemption
ERISA: Employees lack standing to bring derivative or double derivative action against Washington-based grocery under Washington law… state law claims against top officers following $575,000 policy-limits ESOP settlement preempted by ERISA… newly constituted company not [Read more…]
Indemnification, 2 insurers, non-party Claimant
Claimant’s back condition not caused by 1993 injury or 2006 OD, neither insurer entitled to indemnification from the other… since Claimant not a party to this action, although participating, Court cannot order her to reimburse either insurer… Shea. [Read more…]
Settlements
Plan I
Jerome Stradinger, shoulder(s), 12/99, total, $270,000, Robert Whelan
Diana Fennaker, soft-tissue neck, 9/97, $40,000, Steve Carey [Read more…]
Medical malpractice, breast cancer, defense verdict
MEDICAL MALPRACTICE: Prospective jurors with relationships with defense counsels’ firms properly not excused for cause… pathologist properly allowed to testify as to breast cancer… any error in instructing on “loss of chance”/apportionment of damages harmless as jury found [Read more…]
Homeowners association, covenants, contempt
HOMEOWNERS ASSOCIATION: Un-named owner consented to jurisdiction in covenants dispute by physical appearance in court and lawyer’s motions… Association did not coerce owner into stipulation under guise of changing covenants to accommodate metal roof, did not interfere with attempts to bring amendments to vote, covenants [Read more…]
Drugs/PFMA/prosecutor conduct, vouching
DRUGS/PFMA/PROSECUTOR CONDUCT: Testimony that Defendant tested positive for meth proper rebuttal to claim that he no longer used drugs (part of defense that drugs belonged to son), but fair trial undermined by Prosecutor’s questions to officer as to witness veracity [Read more…]
Robbery/prosecutor conduct, newspaper interview
ROBBERY/PROSECUTOR CONDUCT: Subpoena of reporter properly quashed as to allegedly inconsistent statement by victim as to whether handgun or shotgun used… evidence of victim’s pending charges and pretrial release conditions properly excluded (issues raised first time on appeal, also rejected on merits)… comments about Defense’s failure to [Read more…]
Insurance, work product
INSURANCE: Work-product protection of claims file not “triggered” by retention of lawyer or letter requesting copies of medical report/payments and inquiring why insured had not received certain payments… surveillance documents also discoverable… Lynch. [Read more…]
- « Previous Page
- 1
- 2
- 3
- 4
- …
- 7
- Next Page »