PRISONER MISTREATMENT: “Prisoner” in 45-50-204 means one serving sentence at prison or other State facility as result of conviction, not applicable to juvenile detained in interview room at jail pending relocation and wearing restraint… [Read more…]
Archives for 2013
Insurance/jurisdiction, CGL notice
INSURANCE/JURISDICTION: Insurer’s dec action retained in Federal Court rather than returning to State Court where case stayed by stipulation and insurer only intervenor… coverage of claims against road contractor barred by failure of [Read more…]
Experts, inadequate disclosure/opportunity to cure
EXPERTS: Plaintiffs’ expert’s report does not adequately explain “basis & reasons,” but Defendants failed to give opportunity to cure before moving to exclude per LR… motion to exclude denied, Plaintiffs may renew motion if they comply with LR… Molloy. [Read more…]
Settlements
Plan I
Peter Smith, hand, 4/11, knee/shoulder(s), 10/11, $54,000 new money, stipulated judgment; Richard Martin for Smith, Oliver Goe for MMIA [Read more…]
Gas compressor condemnation, property damage
CONDEMNATION/PROPERTY DAMAGES: Eminent domain available for gas pipeline compressor station, but fact issues remain as to necessity of specific property… approach to damages to property clarified, temporary injury must be established for restoration costs, includes damage to property that can be [Read more…]
Work comp, Hutterites’ commercial activities
WORK COMP: HB 119 inclusion in WCA of Hutterites engaging in commercial activities for remuneration upheld over free exercise, establishment, equal protection claims… McKinnon reversed. [Read more…]
Defense judgment, barley crop failure, seeder
BENCH JUDGMENT: Defense, barley grower’s claims of negligence/breach of contract by custom seeder in crop failure rejected… Swandal. [Read more…]
Insurance, employer’s liability policy, exclusivity
INSURANCE: Policy provided to well driller pursuant to contract with operator covers wrongful death claim by PR of driller employee against operator, operator qualifies as additional [Read more…]
Disability discrimination, preliminary injunction
DISABILITY DISCRIMINATION: Preliminary injunction granted halting MHRA proceeding in airline passenger’s complaint of being hassled about his ventilator, Court likely will ultimately find in declaratory action that complaint is preempted by ACAA, no implied private right of action for violations of ACAA as to [Read more…]
Stipulations, participation in good faith
STIPULATIONS: Parties not participating in good faith in proposed stipulations, given one more chance to avoid sanctions… Molloy. [Read more…]