CHIP is public assistance, not “insurance” governed by “made whole” doctrine… BCBS not “insurer” for purposes of administering… [Read more…]
Archives for 2011
Restoration damages, burned trees, $250,000 verdict
RESTORATION DAMAGES: JML should have been granted on claim for restoration damages for burned trees where Plaintiff presented undisputed evidence of temporary nature of injury and [Read more…]
FELA, LIA, stalled train, tunnel CO exposure
FELA: LIA claim that locomotive not in condition to move train through tunnel in which engineer claimed CO injuries improperly dismissed… [Read more…]
Debt collection/payday loans, bad check penalties
DEBT COLLECTION/PAYDAY LOANS: Collection agency may not charge bad check penalties for checks assigned by payday [Read more…]
Sanitary regulations, increased septic use
SANITARY REGULATIONS: Septic use from added yoga studio and craft buildings to floodplain property may have resulted in [Read more…]
Deliberate homicide, spousal testimony
DELIBERATE HOMICIDE: Wife’s testimony as to observations of husband at time of murder and communications accompanied by [Read more…]
Community caretaker, “seizure,” appropriateness
COMMUNITY CARETAKER: Jurisprudence on “seizure” in context of welfare check reconciled… driver was temporarily reasonably [Read more…]
Plea withdrawal, advice of jury ethnic bias
PLEA WITHDRAWAL: Lawyer improperly advised Hispanic of belief that he could not get a fair rape trial because of his ethnicity, [Read more…]
Indians, jurisdiction, Montana corporations
INDIANS: No federal jurisdiction over suit between Montana corporations alleging state law claims arising from dispute over [Read more…]
Settlements
Plan I
Andrew Lindeman, upper arm, 9/07, disputed PPD, $51,421, Ben Snipes [Read more…]
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