INEFFECTIVE ASSISTANCE: Habeas properly denied without hearing… Lovell affirmed (unpublished). [Read more…]
Archives for 2013
Ineffective assistance, MSC rejection, habeas
INEFFECTIVE ASSISTANCE: MSC’s rejection of claim not unreasonable application of Strickland, habeas properly denied… Molloy affirmed (unpublished). [Read more…]
Sentencing, felon in possession of gun
SENTENCING: 96 months for felon in possession of gun affirmed… Haddon affirmed (unpublished). [Read more…]
Settlement reopen
Settlement reopen based on alleged duress and mistake as to which shoulder was injured denied… Shea. [Read more…]
Settlements
Plan II
Tony Morgan, hand, 10/05, indemnity, $62,223, Robert Fain
Dana Brewer, knee, 6/10, $35,000, Kiel Duckworth [Read more…]
Sanctions, $35,841 fees, $32,909 fine, Rule 11
SANCTIONS: $35,841 attorney fees, $32,909 fine as if Court were law firm, properly imposed on attorney under Rule 11 for improper filings and attacks on insurer and counsel… Haynes affirmed. [Read more…]
Judge substitution, remand from class appeal
JUDGE SUBSTITUTION: Unnamed class members, although successful in appeal of settlement approval, not “adverse party” for purposes of substitution on remand… Newman affirmed. [Read more…]
Title insurance, legal access by named streets
TITLE INSURANCE: Developer entitled to recover losses sustained up to policy limit due to land not abutting a physical road open to public access (to gain legal access by way of 3 named streets in prior subdivisions, Plaintiff had to limit lots in new subdivision [Read more…]
Prison officials immunity, sentence enforcement
PRISON OFFICIALS IMMUNITY: Officials who simply enforce facially valid orders enjoy absolute immunity from §1983 liability for conduct prescribed by orders (1st impression in 9th Circuit)… dismissal of claim that Plaintiff was subjected to liberty [Read more…]
Insurance, “junk health insurance,” fraud/RICO
INSURANCE: Dissolved Tennessee “junk health insurance” entity has capacity to be sued on theory of successor liability… fraud, constructive fraud, RICO claims sufficiently pled, punitives may be appropriate… most claims not time-barred… personal [Read more…]
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