Archives for July 2009

Insurance, mental-physical “bodily injury”

July 25, 2009 By lilly

INSURANCE: Mother’s mental injuries with physical manifestations resulting from daughter’s MVA death covered under “bodily injury,” directed verdict for insurer properly denied… Idaho law properly applied to Idaho policy issued to Idaho residents despite collateral estoppel claim, resulting in $328,939 prejudgment interest, $281,646 fees… [Read more…]

Insurance, 3rd-party UM insurer, phantom

July 25, 2009 By lilly

INSURANCE: Supervisory control of Stadler denied as to dismissal of 3rd-party complaint against MVA Plaintiff’s UM insurer, preclusion of evidence of phantom motorist… order. [Read more…]

Medical malpractice, anesthesia delay

July 25, 2009 By lilly

MEDICAL MALPRACTICE: At least one anesthesiologist “immediately available” during emergency c-section that resulted in brain-damaged twin… claim of failure to deliver timely anesthesia properly rejected on summary judgment for failure to produce expert testimony of breach of [Read more…]

Double jeopardy, statutory rape, exploitation

July 25, 2009 By lilly

DOUBLE JEOPARDY: State statutory rape improperly charged on top of federal exploitation and child pornography convictions involving same victim and conduct… Todd affirmed. [Read more…]

Drugs, warrantless electronic surveillance

July 25, 2009 By lilly

DRUGS: Sufficient evidence of marijuana sale based on potential CI testimony apart from warrantless electronic surveillance… H. Brown affirmed. [Read more…]

Judge substitution, intermediate weekends

July 25, 2009 By lilly

JUDGE SUBSTITUTION: Weekends improperly not considered in denying motion for substitution as untimely… supervisory control of Tucker granted… order. [Read more…]

Sexual exploitation/child pornography

July 25, 2009 By lilly

SEXUAL EXPLOITATION/CHILD PORNOGRAPHY: Images of stepdaughter depict lascivious exhibition of genitals or pubic area and thus are “sexually explicit conduct”… §§ 2251(a) & (b) separate offenses, convictions of both based on same episode of nude photos of stepdaughter not double jeopardy… creating photos separate conduct [Read more…]

UM/UIM/med-pay class action settlement

July 25, 2009 By lilly

SETTLEMENT: UM/UIM/med-pay class action against Nationwide Companies, 100% of stacked benefits, 10% interest, attorney fees. [Read more…]

Costs objections

July 25, 2009 By lilly

Costs objections sustained as to professional fees incurred after trial for valuing judgment and appellate mediation fee… Shea. [Read more…]

Negligence, defense verdict, high-speed pursuit

July 18, 2009 By lilly

NEGLIGENCE/JURY: Challenge of taxpayers on jury in trial against County rejected… venue change based on jurors’ status as taxpayers properly denied… voir dire properly restricted as to insurance… landowner concerned about source of award properly not excused for cause… JNOV/new trial properly denied in verdict for County in [Read more…]