ERISA: Felony exclusion not applicable to Interstate MVA in which insured and passenger were killed in collision with truck as unlikely that speeding and phone use would support negligent homicide or criminal endangerment particularly in light of possibility of truck [Read more…]
Archives for April 2014
Settlements
Plan I
Kevin Wilson, low back, 10/13, disputed, $74,000, Kenneth Thomas
No lawyer: James Porter, hip, 12, $15,612; Leann Yellow Hawk, lower leg, 12, $40,320 [Read more…]
Procedure, appeal, consolidated proceedings
PROCEDURE: Appellant may not raise issue raised by another party in consolidated proceedings when it did not adopt or raise it below (1st impression). [Read more…]
Dismissal, improper party (Sheriff’s Office)
DISMISSAL without prejudice of constructive discharge suit for failure to name proper party is appealable as refiling would be time-barred… amendment to add County without deleting Sheriff’s Office improperly denied… Oldenburg reversed. [Read more…]
Legal malpractice, plea bargain negotiation
LEGAL MALPRACTICE claims stemming from lawyer negotiating 10 years deferred imposition/$60,000 restitution for elder abuse before 2nd lawyer negotiated deferred prosecution/$2,700 restitution rejected… Macek affirmed (IOR I-3(d)). [Read more…]
Contract, “reason to know” signer was agent
CONTRACT: Lessor had “reason to know” that individual who signed lease was agent, individual not liable for principal’s breach… Reynolds affirmed. [Read more…]
Wage claim, storm chaser roofing salesman
WAGE CLAIM: Storm chaser roofing salesman properly found to be owed $39,080 commissions, 55% penalty of $21,494… Seeley affirmed. [Read more…]
Foreclosure, nonjudicial challenges
FORECLOSURE: Challenges to nonjudicial foreclosure properly rejected… J. Brown affirmed (IOR I-3(d)). [Read more…]
Parental rights, incarcerated father, adoption
PARENTAL RIGHTS: Incarcerated father’s request that infant be adopted privately, not through DPHHS, properly rejected… Townsend affirmed (IOR I-3(d)). [Read more…]
Elder exploitation, victim competency
ELDER EXPLOITATION: Testimony of victim at competency hearing properly excluded from trial where deteriorating health precluded testifying… conviction affirmed… Townsend affirmed. [Read more…]