Archives for 2013

Verdict, cancer policy, Notice Prejudice Rule

March 23, 2013 By lilly

VERDICT: Directed verdict for Plaintiffs prior to commencement of trial for $539,717.90 cancer policy benefits/interest based on pre-trial ruling that Notice Prejudice Rule applies and insurer suffered no prejudice (insurer tendered the $539,717.90 prior to trial reserving right to appeal), subsequent verdict that [Read more…]

MCS/somatoform disorder

March 23, 2013 By lilly

Multiple Chemical Sensitivity not proven causally related to job injury, existence of somatoform disorder not established, Petitioner suffered only temporary aggravation, reached MMI, TTD denied… Shea. [Read more…]

Settlements

March 23, 2013 By lilly

Plan I

No lawyer: Samuel Burt, knee, 10, $27,424 [Read more…]

Arbitration, Internet payday loan

March 16, 2013 By lilly

ARBITRATION clause in website payday loan agreement unconscionable contract of adhesion, falls outside consumer’s reasonable expectations, properly deemed unenforceable… Fagg affirmed. [Read more…]

Contempt, $72,045 fees/costs, reconstructed time

March 16, 2013 By lilly

CONTEMPT: Claim for fees properly supported by reconstructed time records… fees properly allocated among 3 contemnors, but $6,637.50 fees for fees improperly awarded, leaving [Read more…]

Unjust enrichment, co-Defendant Diocese liability

March 16, 2013 By lilly

UNJUST ENRICHMENT: Claim that Diocese is separate from co-Defendant Indian school to be resolved on remand, rehearing denied… order. [Read more…]

Mental commitment, waiver of rights, medication

March 16, 2013 By lilly

MENTAL COMMITMENT: Person waived rights by allowing counsel to state in open court his desire to waive… order was sufficient to authorize involuntary medication in light of other findings, but judges are urged to plainly state whether [Read more…]

Mental commitment, ability to care for needs

March 16, 2013 By lilly

MENTAL COMMITMENT: Sufficient evidence that mental illness prevented ability to care for basic needs… overt acts were delusional behavior, paranoid beliefs, statements to officers and doctor… ineffective assistance claim rejected… Knisely affirmed. [Read more…]

Marital, pre-nup, in-court stipulation

March 16, 2013 By lilly

MARITAL: Pre-nup interpretation governed by in-court stipulation… Deschamps affirmed (IOR I-(d)). [Read more…]

Child custody, infant with special medical needs

March 16, 2013 By lilly

CHILD CUSTODY: Infant with medical issues from pregnancy drug use properly found youth in need of care… abuse/neglect proceeding properly dismissed and custody granted to father… Neill affirmed. [Read more…]