INEFFECTIVE ASSISTANCE by trial lawyer not shown by not bringing forward dispatch entries that allegedly would have demonstrated community caretaker pretext for DUI [Read more…]
Archives for 2013
DUI, driving slow, crossing centerline of curve
DUI: Driving slow, crossing centerline of curve, sufficient particularized suspicion for stop, after-the-fact explanation irrelevant… Todd affirmed (IOR I-3(d)). [Read more…]
Sentencing, rape + PFO, habeas
SENTENCING: Sentence for both rape and PFO invalid, habeas granted, remanded for correction, consideration of release from custody… order. [Read more…]
5th v. 6th AMA Guides, OD
5th Edition AMA Guides “current edition” on date OD claimant reached MMI in 2001 per 1999 WCA… Shea. [Read more…]
Settlements
Plan I
Allysen Jones, 3 claims, disputed PTD, headaches, high blood pressure, $100,000, stipulated judgment; Garry Seaman for Jones, Oliver Goe for MMIA [Read more…]
Insurance, BCBS PPA, 3rd-party auto insurers
INSURANCE: No legal duty under PPA for hospital or clinic to charge 3rd-party auto insurers at BCBS reimbursement rate, contract/fraud claims properly dismissed for failure to state claim… Todd, Fagg affirmed. [Read more…]
Insurance, umbrella, family member exclusion
INSURANCE: Umbrella household exclusion correctly found to unambiguously exclude wife’s claim as passenger in vehicle driven by husband, not violative of reasonable expectations or [Read more…]
Bar negligence/dram shop, assault outside
BAR NEGLIGENCE/DRAM SHOP: Fact issues as to altercation which started inside bar and ended in assault outside preclude summary judgment under Kipp negligence factors… dram shop claim properly rejected on summary judgment for lack of [Read more…]
Work comp, OD filing timeliness
WORK COMP: Fact issue as to when Claimant who had been taking pain meds for years knew or should have known she had OD vis-à-vis 1-year filing time preclude summary judgment for insurer… Shea reversed. [Read more…]
Contract, gym financing
CONTRACT: Breach of gym financing agreement properly rejected on summary judgment… Larson affirmed (IOR I-3(d)). [Read more…]
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