ARBITRATION: Federal lab dispute properly resolved under FAR or FCDA, not by AAA… forum properly decided by judge, not arbitrator… Haynes affirmed. [Read more…]
Archives for 2009
Marital, business apportionment
MARITAL: Husband’s business properly included in estate as equitable apportionment and as award in lieu of maintenance… income for support should be based on tax returns and close corporation’s financial statements, not just fact that corporation paid little in dividends… husband’s interest in corporation improperly discounted to reflect alleged [Read more…]
Revocation, double jeopardy
REVOCATION: Double jeopardy claim based on revocation of parole and suspended sentence for same conduct rejected on abbreviated plain error review… suspended sentence properly revoked before Defendant started serving it… Day affirmed. [Read more…]
Plea withdrawal, felony DUI, JSC confidentiality
PLEA WITHDRAWAL: Claim that felony DUI plea involuntary properly rejected… JSC confidentiality did not prevent challenge of irregularity of prior DUI on grounds of alleged JP conflict of interest… ineffective assistance claim underlying claim of involuntary plea more amenable to [Read more…]
Sex treatment, SB 547 DOC residential program
SEX TREATMENT: Defendant not entitled to benefit of SB 547 because of kidnap conviction, DOC residential program not yet established, DOC discretion… habeas denied (Dayton affirmed)… opinion & order. [Read more…]
Sentencing, jury/prosecution/officer overtime costs
SENTENCING: Jury costs improperly imposed… counsel’s lack of objection to other costs not active acquiescence, costs of prosecution, officer overtime, public defender improperly imposed… Orzech/McLean reversed (IOR I-3(d)(v)). [Read more…]
$11,000 net verdict, FELA, slip & fall, rotator cuff
VERDICT: $11,000 net (90/10), FELA, slip & fall, rotator cuff. [Read more…]
Settlements
Plan I
Ken Kessner, low back/hip, 9/03, $2,000 for disputed adjustable bed, all other meds remain open, stipulated judgment; Thomas Murphy for Kessner, [Read more…]
Insurance, scaffold fall, defend/indemnify
INSURANCE: Subcontractor’s insurer had duty to defend general contractor as additional insured for subcontractor’s employee’s scissors lift fall, nondelegable duty under Scaffold Act not improperly delegated… indemnity provision not specific in intent to indemnify general contractor for liability for its own negligence, but subcontractor’s policy intended to cover general contractor for this type of incident, subcontractor’s insurer [Read more…]
Jury, ill juror, treating med-mal Defendant
JURY/PROCEDURE: Mistrial or new trial should have been granted when juror became ill during Plaintiff’s lawyer’s “channeling” of decedent and was attended by Defendant physician… Appellant Plaintiff properly ordered to provide entire transcript on appeal, not just juror issue part… [Read more…]
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