NEGLIGENCE: Premises liability law applies to restroom slip & fall by tenant’s independent contractor janitor, summary judgment for landlord improperly based on construction law and determination that no reasonable jury could find breach of ordinary care… Macek reversed. [Read more…]
Archives for January 2013
Insurance, revocation upon divorce
INSURANCE: 72-2-814 (1993) revokes ex-spouse as beneficiary of life policy where parties divorced prior to enactment and policyholder died after enactment… certified question from 9th Circuit. [Read more…]
Property, specific performance, marital
PROPERTY: Specific performance of buy-sell awarded in divorce affirmed over claim of post-divorce oral agreement… Prezeau affirmed (IOR I-3(d)). [Read more…]
Inverse condemnation, Art. II §29, attorney fees
INVERSE CONDEMNATION: Court may instruct on market value and restoration costs as alternative measures of damages to home from leaking water mains, leaving measure and extent [Read more…]
$300,000 punitives review
PUNITIVES REVIEW: $300,000 punitives for farm cooperative education director following $232,439.40 compensatory damages verdict on wage/wrongful discharge claims affirmed… Defendant waived opportunity to present net [Read more…]
$348,613 attorney fees, nonsegregable wage claims
ATTORNEY FEES: $348,612.50 fees, $18,958.01 costs awarded as claimed for pursuit of nonsegregable wage claims following $532,439.40 verdict on wage/wrongful discharge claims… McKittrick. [Read more…]
IME medical records review, expert disclosure
Reports/testimony of doctors who rendered impairment ratings based on review of records that conflicted with treating doctor’s impairment rating admissible… motion to exclude doctors for failure to meet 26(b)(4) disclosure [Read more…]
Settlements
Plan I
Corey Lind, low back, 9/10, $43,500, David Lighthall
Earl Simons, low back, 12/06, $16,632, Paul Toennis [Read more…]
Property, specific performance, $600,001 verdict
PROPERTY: $600,001 verdict, specific performance, $176,834 attorney fees, arising out of dizzying array of land transfers, assignments, corporate metamorphoses, abuse of process, deceit affirmed… Plaintiff entitled to appeal fees… Tucker mostly affirmed. [Read more…]
Insurance, ESOP, $29 million stipulated judgment
INSURANCE: Defense of corporate officers in grocery chain ESOP litigation was tendered when insurer on notice in federal litigation and repeated requests for payment of defense costs in state action, insurer had duty to defend, policy not one of mere indemnification of defense costs, breached duty by [Read more…]
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