MCCF’s denial of specific medical bill cannot be construed as denial of benefits and dispute over liability as to claim in general [Read more…]
Archives for 2011
Settlements
Plan I
Katherine Bilger, shoulder(s), 2/06, disputed, $15,000 plus payment of [Read more…]
Product liability, $850,000 bat death verdict
PRODUCT LIABILITY: Failure to warn of increased ball speeds from aluminum bat properly submitted to jury… JML following [Read more…]
Contract/standing, defective industrial coffee urn
CONTRACT/STANDING: No standing by shareholder to sue on behalf of corporation over industrial coffee urn, failed to amend to [Read more…]
Judge substitution after recusal, postconviction
JUDGE SUBSTITUTION: When sentencing judge recuses from postconviction proceedings parties may move for substitution [Read more…]
Return of seized property, “right to possession”
RETURN OF SEIZED PROPERTY: “Right to possession” of evidence must be established, burden is on person claiming property (not [Read more…]
Sentencing, elder abuse deferred jail term “felony”
SENTENCING: No justiciable controversy as to classification of offense as felony despite deferred jail term, because deferral [Read more…]
Defense verdict, excessive force arrest/detention
VERDICT: Defense, excessive force arrest/detention claims by PFMA victim… negligence by deputies in connection with use of [Read more…]
Insurance, contract-required, comp exclusivity
INSURANCE: Policy provided to well driller pursuant to contract with operator covers wrongful death claim by PR of driller [Read more…]
Asbestosis petition timeliness
Asbestosis petition more than 2 years after denial of benefits untimely… no equitable estoppel by further investigation [Read more…]
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