SENTENCING: Defendant convicted of assault of babysitting child properly precluded from unapproved contact with his own child… criminal/negligent endangerment not “violent offenses” that require registration… McCarter affirmed, reversed. [Read more…]
Archives for July 2009
Restitution, falsified customer return receipts
RESTITUTION: Calculation of falsified customer return receipts reasonable… insurer subrogation challenge not preserved for appeal… Irigoin affirmed. [Read more…]
Restitution, damaged stolen vehicle
RESTITUTION: $500 properly ordered for damaged vehicle… unknown additional amount improperly ordered… Irigoin affirmed, reversed (IOR I-3(d)(v)). [Read more…]
Settlement rescission, $1.1 med-mal, “fake” RSD
SETTLEMENT RESCISSION: Doctor, hospital, insurers seeking to rescind $1.1 million med-mal settlement for alleged faking of RSD symptoms on inquiry notice by opinions of experts, suspicions of counsel, claims time-barred, statute not tolled by fraudulent concealment… claims also barred [Read more…]
Environment, sanitation harvest, beetle trees
ENVIRONMENT: Small sanitation harvest of beetle infested trees allowed to proceed… categorical exclusion of EA/EIS properly applied… Lovell. [Read more…]
Asbestosis causation, last exposure
Asbestosis caused by exposure at mill 1993-01, last injurious exposure insurer liable, 25% impairment… Shea. [Read more…]
Settlements
Plan I
Joseph Brown, knee, 6/07, $30,988, Kevin Duff
No lawyer: Duane Bettger, ear(s), 01, $2,500 [Read more…]
Oil/gas lease, overriding royalty, sublease
OIL/GAS LEASE: Overriding royalty did not survive term of sublease… Cybulski affirmed. [Read more…]
Medical malpractice, $250,000 verdict, skin cancer
MEDICAL MALPRACTICE/CPA: $250,000 verdict for CPA violations by cosmetic surgery business for delayed diagnosis of skin cancer, $84,833 fees, defense verdict as to negligence by surgeon and assistants… verdict affirmed… H. Brown affirmed (IOR I-3(d)(v)). [Read more…]
Discrimination, obese RR conductor applicant
DISCRIMINATION: Obese RR conductor applicant who was rejected without individual risk assessment entitled to daily wages until RR opted not to hire him and to instead pay mandated amounts (RR waived [Read more…]