Claimant should have known she had OD when she began using prescription pain medication for “repetitive motion” condition, claim untimely… Shea. [Read more…]
Archives for October 2012
Settlements
Plan I
Paul Tryon, low back, 8/05, 4/09, disputed, $24,687, medicals reserved, stipulated judgment; Kiel Duckworth for Tryon, Norman Grosfield for MWCT [Read more…]
Judicial immunity, pretrial conference
JUDICIAL IMMUNITY: McNeil immune for alleged acts/omissions in pretrial conference… Tucker affirmed. [Read more…]
Parental interest, nonparents
PARENTAL INTEREST: If nonparents can establish child-parent relationship Court will have jurisdiction to hear parenting plan petition even though mother’s rights not terminated… Spaulding reversed. [Read more…]
Bar admission, pro bono service
BAR ADMISSION: 50 hours pro bono service before admission proposed… order. [Read more…]
Foreclosure, family trust loan v. gift
FORECLOSURE: Summary judgment for mortgagee family trust on claim of priority over bank trust deed precluded by disputes as to whether loan was not arms length and was treated as gift and concealed from bank, laches, equitable estoppel… Ortley. [Read more…]
Insurance, cancer death claim, statute of limitations
INSURANCE: 8-year statute for cancer death claim runs from date insurer received written notice per proof of loss provision, not from date complaint filed or oral notice… Sherlock. [Read more…]
Insurance, stolen unattended vehicle in driveway
INSURANCE: Unattended Motor Vehicles statute not applicable to vehicle stolen while warming up in private driveway (1st impression)… declaratory action not appropriate for determining whether coverage under owner’s policy for damages incurred by driver of vehicle rear- [Read more…]
Discrimination, hospital rates, uninsured patient
DISCRIMINATION: Worker with no health insurance allegedly due to poverty allowed to pursue claim that hospital discriminates based on “social condition” per Art. II §4 by charging her more than insured [Read more…]
Elections, contribution limits, stay
ELECTIONS: Stay pending appeal granted as to Lovell’s ruling that contribution limits by individuals and political committees to candidates unconstitutional. [Read more…]