LENDING BREACH claims accrued date of signing loan documents… claim that loans were subject to 3-day rescission right not pled but damages element still existed at signing, statutes not tolled by discovery… summary judgment for bank affirmed… Lympus affirmed. [Read more…]
Archives for March 2012
Procedure, trial time limitations, rollover/ejection
PROCEDURE: Supervisory control of Larson denied as to limitation of Defendant’s time to present vehicle rollover/ejection case at trial to 12 hours… order. [Read more…]
Medical malpractice, expert, ER physician/internist
MEDICAL MALPRACTICE: Emergency physician qualified to opine that internist failed to timely diagnose & treat emergent ischemic bowel in ER… standard not only “substantially similar,” but identical across specialties in this context… Irigoin. [Read more…]
Water, erosion dams, intent to appropriate
WATER: While purpose at time of diversion was erosion control, application evinces intent to appropriate water channeled through Defendants’ property for beneficial uses (stock watering, fish/wildlife, recreation), pond evaporation loss also an appropriation, Defendants had [Read more…]
$160,279 verdict, wrongful discharge, BON
VERDICT: $160,279, wrongful discharge, Board of Nursing Executive Director. [Read more…]
Defense verdict, work comp bad faith, class action
VERDICT: Defense, work comp bad faith (interest damages. emotional distress, punitives), class action. [Read more…]
Bankruptcy, legal malpractice, Barton doctrine
BANKRUPTCY: Malpractice and other claims against former attorney alleging misconduct as UCC chair and against co-defendant lawyers subject to Barton, District Court lacks jurisdiction as Plaintiff did not seek leave from Bankruptcy Court… Bankruptcy Court not barred by Stern from proposed findings & conclusions… Molloy. [Read more…]
Course & scope, “on-call,” “remote worksite”
Employee claiming non-credibly to be “on-call” when injured in camper explosion not in course & scope under Courser or “remote worksite” rule, injury not compensable… Shea. [Read more…]
Settlements
Plan I
Dora Trevino, low back, 4/10, $6,000, Russell Plath
No lawyer: Tamara Paasch, low back, 00, $45,000; Katie Metcalf, [Read more…]
Irrigation ditch, private lateral
IRRIGATION DITCH: Summary judgment properly granted that ditch company not obligated to maintain private lateral… McKinnon affirmed (IOR I-3(d)). [Read more…]