TAXES/CLASS CERTIFICATION: Spaulding’s denial of certification of ag reappraisal dispute reversed in light of DOR’s concession and Diaz… order. [Read more…]
Archives for August 2012
Business license, medical marijuana sales
BUSINESS LICENSE: Mandamus properly denied citizens objecting to medical marijuana business license… Tucker affirmed. [Read more…]
Pro hac vice fees
PRO HAC VICE FEE increase approved… order.
2009 Rules for Admission to the Bar provide for a one-time $345 pro hac vice [Read more…]
Insurance, $10,047,387 Port Authority fire loss/fees
INSURANCE: Allianz, not MACo/JPIA, was insurer of Port Authority, policy covered burned buildings within 1,000 of listed buildings, reformation not available to drafter of contract of adhesion (1st impression), fire loss [Read more…]
Septic permit, duty to maintain records, lost sale
SEPTIC PERMIT: County had duty to maintain septic permit records, damages relating to failed sale due to failure to produce permit reserved for trial… Seeley. [Read more…]
Verdict, med-mal, TTP death, loss of chance
VERDICT: $282,000 or $187,500 net against hospital (depending on how 15% loss of chance is applied to non-economic damages cap), defense as to doctor, TTP death. [Read more…]
Employment, conditions precedent
Petitioner who had not satisfied conditions precedent to employment at time he broke leg while moving into ranch house was not “employee,” insurer not liable… Shea. [Read more…]
Consent to make payments for more than 90 days
Petitioner not entitled to acceptance of claim for insurer’s failure to obtain consent to make payments for more than 90 days under reservation of rights, but entitled to penalty if claim found compensable… insurer must pay medicals incurred during time it placed claim under 39-71-608… Shea. [Read more…]
Insurer at risk, non-party Claimant, estoppel
Claimant was injured while MSF was insurer at risk, but defense cannot be raised in this insurer v. insurer case because Claimant is not a party… Hartford not liable, but did not prove that MSF should be equitably [Read more…]
New trial/amendment/reconsideration motions
New trial/amendment/reconsideration denied in finding insurer liable for OD/fees/penalty… Shea.
Employers Ins. contends that the Court erred in holding it liable for Christian [Read more…]