Archives for 2009

Judicial estoppel, alternative ability-to-sue theories

August 1, 2009 By lilly

JUDICIAL ESTOPPEL: Theories as to ability to sue not fatally inconsistent, suit against appraiser for allegedly overvaluing RV park improperly dismissed… Haddon reversed (unpublished). [Read more…]

Pro se settlement reopen

August 1, 2009 By lilly

Pro se settlement reopen pled adequately to withstand motion to dismiss for failure to state claim… Shea. [Read more…]

Mediator’s report confidentiality

August 1, 2009 By lilly

Mediator’s report not admissible to support claim of breach of agreement to permit treatment… untimely claim rejected on summary judgment… Shea. [Read more…]

3rd-party petition against uninsured employer

August 1, 2009 By lilly

Uninsured employer may not be joined as party ostensibly liable to Claimant, but UEF may file 3rd-party petition against uninsured employer pursuant to HB 119… Shea. [Read more…]

Settlements

August 1, 2009 By lilly

Plan I

Betty Emmons, skull/wrist, 1/06, 9/06, 11/07, disputed, $35,000, stipulated judgment; Wade Dahood for Emmons, Oliver Goe for MHAWCR

Gregory Morrill, whole body, 10/08, total, $72,500, Tom Murphy [Read more…]

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…]