ARBITRATION: Bulk grain purchaser failed to establish as matter of law that purported referenced NGFA arbitration provision is not contract of adhesion as alleged by producers or that Oregon choice of law is valid, 12(b) motion to [Read more…]
Archives for January 2010
Bridge repair, truck collision, MDT “indirect costs,”
BRIDGE REPAIR: MDT entitled to $27,380 “indirect costs” — 12.25% of contractor’s charge for repairing interstate overpass damaged by oversized truck… first impression…. Sherlock. [Read more…]
Excessive force arrest, $365,000 settlement
EXCESSIVE FORCE ARREST/SETTLEMENT: “Reckless” spoliation of arrest video warrants designation (default judgment) that officers used unreasonable force, reserving for jury causation, injury, damages, whether taser used, whether officers acted [Read more…]
SS Disability, VA disability rating
SS DISABILITY: ALJ Hartford failed to explain why he discounted VA’s 100% disability rating as required by McCartey… sentence 4 remand… Lynch/Molloy. [Read more…]
SS Disability, specific discussion of evidence
SS DISABILITY: ALJ Prothro erred in not specifically discussing evidence, explaining why Claimant’s impairment did not meet or equal a listing… Strong/Molloy. [Read more…]
Constructive discharge claim
Claimant voluntarily resigned, not constructively discharged, failed to prove total loss of wages as result of injury after resignation, not entitled to TTD for post-resignation cubital [Read more…]
Settlements
Prisoners, attorney no-contact jail visits, flu policy
PRISONERS: Jail mandated to allow private attorney-client contact visits, over policy limiting visits to no-contact area during flu season… opinion & order. [Read more…]
Banking, charge-back right, auto purchase scam
BANKING: Charge-back right cannot be equitably estopped by use of provisional settlement funds or bank’s failure to exercise care in handling check, risk of loss remains with customer, application of jury’s estoppel verdict to charge-back right rejected, customer permitted to pursue claims for [Read more…]
Construction lien, subdivision road, $111,414 fees
CONSTRUCTION LIEN: Subdivision road “commercial in nature,” not residential, contractor not required to give notice of right to claim lien… challenges to establishment of lien not preserved… attorney fees/interest not relevant to rejected [Read more…]