Claim for payment for treatment by non-“treating physician” not time-barred, summary judgment precluded by dispute as to whether treatment properly obtained under WCA… teacher not [Read more…]
Archives for January 2014
Settlements
Plan I
Britt Bennett, 6/13, disputed, $276/wk earnings/wage/disability rate, $3,500 lump sum, $184/wk TD, stipulated judgment; Alex Evans for Bennett, Kelly Wills for MCCF [Read more…]
RFAs, withdraw/amend, new Rule 36(b), legal mal
REQUESTS FOR ADMISSIONS: Request to withdraw or amend under new Rule 36(b) improperly denied as legal malpractice Defendants failed to show prejudice by mere reliance on RFAs for summary judgment (1st impression)… Ulbricht reversed. [Read more…]
Malicious prosecution/process abuse/attorney deceit
MALICIOUS PROSECUTION/ABUSE OF PROCESS/ATTORNEY DECEIT: JML properly granted on malicious prosecution of attorney whose client claimed he had been held at MSP 14 months beyond proper release date… seeking to coerce [Read more…]
Right to know/participate, standing, tolling
RIGHT TO KNOW/PARTICIPATE: County resident has standing to challenge Commissioners’ policy, adopted in allegedly unannounced meeting, of letting officials receive cash in lieu of health insurance contributions, Fleenor overruled to extent it [Read more…]
Open meetings/participation, school subcommittee
OPEN MEETINGS/PARTICIPATION: Summary judgment for newspaper improperly granted on disputed facts including whether 4th School Board member’s presence in audience of budget subcommittee transformed subcommittee into un-noticed quorum of full Board to decide salary of principal [Read more…]
Public access, county road/bridge to river
PUBLIC ACCESS: Public road right-of-way established by prescription includes land necessary for maintenance, safe/convenient use, not just part traveled, separate secondary easement not applicable to determine width… [Read more…]
Appeal, failure to seek stay, corporate sale
APPEAL: Failure to seek stay renders appeal of Internet corporation dissolution order moot… order. [Read more…]
Sanctions/vexatious litigant, insufferable nuisance
SANCTIONS/VEXATIOUS LITIGANT: Frivolous claims against eBay rejected, “insufferable nuisance” declared vexatious litigant, enjoined from further filings in 8th Judicial Dist. without leave, other restrictions, sanctioned for false in forma pauperis affidavit… Pinski. [Read more…]
Insurance, reserve discovery, bad faith
INSURANCE: Reserve information relevant to bad faith claim, insurer not entitled to protective order excluding all information related to reserves in discovery, may seek to ameliorate any prejudice by in limine motion or cautionary instruction… Christensen. [Read more…]