INSURANCE: $1,265,000 properly awarded pest control manufacturer, distributor, apple orchard against CGL/PCOH insurer for failure to defend/indemnity moth damage claims… Baugh affirmed. [Read more…]
Archives for February 2014
Insurance, auto subrogation, discrete damages
INSURANCE: When damages are discrete, readily ascertainable, completely covered under separate policy or part of policy for which separate premium has been paid, subrogation may proceed only as to that element of loss… insurer entitled to subrogation of vehicle damage although insured has not recovered all PI damages… certified question answered for Haddon. [Read more…]
Offer of judgment, highway inverse condemnation
OFFER OF JUDGMENT proceeds in highway inverse condemnation dispute properly awarded to buyer of property on contract as settlement was between buyer and MDT, not to owner who did not participate in the litigation in any meaningful way and failed to [Read more…]
Speedy trial, Justice Court jury waiver
SPEEDY TRIAL: Waiver of jury trial by unexcused failure to appear at pretrial conference, notice of consequences, prompt rescheduling of trial constituted good cause to hold bench trial 8 days beyond 6-month misdemeanor time… Allison affirmed. [Read more…]
Postconviction, new evidence, incompetence
POSTCONVICTION: Out-of-time petition properly rejected for failure to proffer new evidence that sexual assault Defendant may have been incompetent or unfit at time of 2001 plea… Townsend affirmed (IOR I-3(d)). [Read more…]
$6 million verdict, bank fraud, condo loan
VERDICT: $1 million damages, $5 million punitives, bank fraud in converting 360-month residential condo loan application to 18-month commercial loan. [Read more…]
Judge recusal, alleged ex parte, biased statements
JUDGE RECUSAL: Claims of ex parte communications, rulings denying due process, biased statements rejected as attempt to wriggle out of unfavorable decision by smearing judge… Kirscher/Haddon affirmed. [Read more…]
Insurance, $210,000 stipulated judgment
INSURANCE: Insurer had no duty to indemnify $210,000 sex discrimination stipulated judgment prior to exhaustion of $25,000 retention, but under NY law “exhausted” is ambiguous, construed against insurer to include settlement by compromise… retention was exhausted and insurer’s duty to indemnify was [Read more…]
Amendment, untimely motion to add punitives
AMENDMENT: Untimely motion to add punitives component fails Rule 16(b)(4) good cause… Molloy. [Read more…]
Settlements
Plan I
David Jellum (deceased), 11/08, disputed, $249,000, stipulated judgment; Stacy Temple-St. John for Ginger Jellum, Larry Jones for MCCF [Read more…]
- 1
- 2
- 3
- …
- 5
- Next Page »