SENTENCING: Enhancement for discharge of firearm in drug offense must be based on jury finding, not judge, under new USSC ruling… Cebull reversed. [Read more…]
Archives for August 2013
Vehicle dealership, limitation of remedies, fraud
VEHICLE DEALERSHIP: Limitation of Remedies not procedurally or substantively unconscionable under Texas law, prohibits dealer from asserting claim for lost profits due to breach of contract involving trucks with non-compliant air brakes… fraud claim [Read more…]
Defense verdict, insurance, frozen pipes
VERDICT: Defense, no material misrepresentation in application on home insured as rental but which had no tenant and was vacant during policy period, policy not properly rescinded, but no coverage because owner had not used reasonable care to [Read more…]
SIF, vocational handicap certificate
SIF had no duty to contact employer and request compliance with §39-71-906, properly denied reimbursement to insurer because it did not have vocational handicap certificate from employer… Spear affirmed… Shea. [Read more…]
Post-accident assault evidence
Motion to exclude law enforcement witnesses/records as to post-accident assault premature, objections to medical records go to weight, not admissibility… Shea. [Read more…]
Settlements
Plan I
Frank Medina, low back, 9/12, disputed, $27,500, stipulated judgment; Kenneth Thomas for Medina, Kelly Wills for Kroger [Read more…]
$1,359,000 jail DTs death, alcoholism disability
DISABILITY: $1,350,000, failure to provide medications to jail inmate who died from DTs… award on appeal from $300,000 award by Spear following remand from HRC reversal of defense [Read more…]
Insurance, auto/home insurers, separate counsel
INSURANCE: Home insurer ensured that full defense was provided by auto insurer, not required to hire separate counsel, did not breach duty to defend MVA death claims, not liable for $750,000 stipulated judgment… Townsend reversed. [Read more…]
Insurance, CGL, claim of deceptive job inducement
INSURANCE: Claim that insured induced Plaintiff to switch jobs with false hope of eventual ownership of insurance agency, resulting in emotional distress, not covered by CGL policy [Read more…]
Class certification, medicals,”made whole”
CLASS CERTIFICATION: Plaintiff’s class definition including both filing and non-filing insureds properly adopted over insurer’s claim that identifying members who never submitted claims not [Read more…]