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…]
Archives for 2013
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…]
Class certification, State health plan, “made whole”
CLASS CERTIFICATION: Class involving complaint that the State violated group health insureds’ made-whole rights by subrogating without made-whole analyses properly defined as only insureds who had timely filed claims for benefits… Sherlock affirmed. [Read more…]
Taxes, declining property value during cycle
TAXES: Equal protection not violated by taxes based on beginning of 6-year cycle while value declined during cycle… legislative power improperly exercised in ordering mid-cycle reappraisal… H. Brown reversed. [Read more…]
Wage claim, res judicata, 2 courts
RES JUDICATA: Wage claim challenge in 1st Judicial Dist. barred by resolution of same challenge in 6th Judicial Dist. as untimely… McCarter affirmed (IOR I-3(d)). [Read more…]
Right to counsel, compel plea offer testimony
RIGHT TO COUNSEL: Motion to compel testimony from trial attorneys as to whether they failed to communicate plea offer to Defendant convicted of deliberate homicide in 1995 construed as 2nd postconviction petition, properly procedurally denied… Seeley affirmed (IOR I-3(d)). [Read more…]
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