INSURANCE: Insureds entitled to fees for litigation over coverage for replacement prosthetic sockets in face of insurer’s continued denial of coverage… also entitled to fees/expenses in relation to requests for admission… $132,362.29 awarded at $250/hr… Fagg. [Read more…]
Archives for 2009
Defense verdict, legal malpractice, ambulance
VERDICT: Defense, legal malpractice, alleged negligence by ambulance company’s local lawyer (since deceased) in failing to get better result for company in suit by MVA victim’s family which settled start of trial for $1.75 million in negotiations taken over by company’s Denver rep and [Read more…]
Sentencing, refusal to file 5K1.1 motion
SENTENCING: Judge properly deferred to US’ refusal to file 5K1.1 motion based on no arrests or indictments from Defendant’s information… Defendant failed to show grounds for evidentiary hearing to establish substantial assistance… Cebull affirmed. [Read more…]
Sentencing, consecutive sentence notice
SENTENCING: Parties’ pre-hearing submissions sufficient notice of possibility that Judge might consider consecutive sentence, not necessary for Judge to give notice… remanded for resentencing… Molloy reversed.
Brett Hahn pled guilty to felony in possession of firearm at a time when he [Read more…]
CTS causation, IME malignment of Claimant
CTS not causally related to employment with insured… finding that Claimant not credible reached independent of IME doctor’s use of medical records to gratuitously malign Claimant… Shea. [Read more…]
Settlements
Plan I
Timothy Gravelle, soft-tissue neck, 1/06, $33,150, Kenneth Thomas [Read more…]
Foreclosure, $230,434/$83,528 lender counterclaim
FORECLOSURE: $230,433.77 judgment on trust indenture, $83,528 attorney fees, based on verdict for lender on counterclaim and rejecting homeowners’ breach of forbearance claims… McLean affirmed (IOR I-3(d)(v)). [Read more…]
Wrongful discharge, patrolman misconduct
WRONGFUL DISCHARGE: Patrolman’s WDA claim barred by claim preclusion per rulings affirming termination for misconduct… Honzel affirmed (other grounds) (IOR I-3(d)(v)). [Read more…]
Drugs, vehicle stop, suspicious occupants
DRUGS: Particularized suspicion to stop vehicle parked in high crime area at 2 a.m. with occupants moving around suspiciously… drugs in container would have inevitably been discovered in arrest inventory… suppression properly denied… Todd affirmed. [Read more…]
Discrimination, Hispanic teacher termination
DISCRIMINATION: No prima facie disparate treatment of terminated Hispanic teacher… Curtis. [Read more…]
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