JURY: Mistrial/new trial granted following class action work comp bad faith defense verdict due to extraneous information during deliberations (employee handbook, information that class member had other comp claims) which prejudiced Plaintiffs… Krueger. [Read more…]
Archives for May 2012
Sentencing, misprision of felony, enhancement
SENTENCING: 4-level enhancement properly applied to wife’s misprision of felony in connection with husband’s use of belt in beating death of child… 2 level enhancement properly applied for use of a minor to commit a crime for knowing that husband would use teenaged son to help [Read more…]
Sentencing, abusive sexual contact, enhancement
SENTENCING: 2-level enhancement properly imposed for abusive sexual contact on finding that child was in uncle’s “custody, care, or supervisory control”… 1st impression… Cebull affirmed. [Read more…]
Sanctions, $1,685, counsel unprepared for PPTC
SANCTIONS: $1,575 fees, $110 mileage to opposing counsel for vacated PPTC for which Plaintiffs’ counsel was unprepared… counsel chose payments over dismissal without prejudice… Molloy. [Read more…]
Expert disclosure, aggravation
MSF disclosed relevant facts of expert testimony, no surprise or unfair advantage, motion to compel disclosure or limit testimony as to MMI denied… Petitioner established through formal appointments and informal [Read more…]
Settlements
Plan I
David Mader, upper extremities, 12/07, total, $90,000, Kim Schulke
Lawrence Lopes, soft-tissue neck, 3/10, disputed, $75,000, Tom Murphy [Read more…]
Surveyor malpractice, $140,344 bench judgment
SURVEYOR MALPRACTICE: Purchasers of land only incidental beneficiaries of prior surveys, no standing to sue for breach of contract on 3rd-party beneficiary theory, but properly awarded $140,344 for negligent [Read more…]
Drugs, medical marijuana from non-caregiver
DRUGS: Medical marijuana cardholder may only obtain marijuana from caregiver, Defendant properly convicted of possession of less than ounce not obtained from caregiver… Swandal affirmed. [Read more…]
Judge substitution, youth/jp court trigger time
JUDGE SUBSTITUTION: “Initial appearance” of youth for triggering time to file for substitution of district judge is appearance to answer allegations, not department assignment (which is triggering date for State to file for substitution)… no right to substitute district judge in appeal on [Read more…]
Real estate contract, specific performance
REAL ESTATE: Specific performance of agreement to sell interest in property to sister enforced over claimed oral agreement with brother… rescission rejected, statute of frauds not made inapplicable by letter from brother or payment of earnest money, since no enforceable oral contract [Read more…]