PRODUCT LIABILITY: Confusing safety board’s conclusion that finger nail product “safe as used, when skin contact is avoided” improperly admitted, compounded by refusing to let nail technician counter on cross and instruct that it was foreseeable to seller that [Read more…]
Archives for October 2014
Right to know, inter-county standing, settlement
RIGHT TO KNOW: Resident of one county has standing to bring claim to see another county’s settlement agreement (1st impression)… Neill reversed. [Read more…]
Fraudulent transfers, debt collection
FRAUDULENT TRANSFER claims properly resolved against debt collection Defendants… Wheelis affirmed (IOR I-3(d)). [Read more…]
Trespass/theft, volunteer fire department
TRESPASS/THEFT: VFD Board had no authority to suspend members or ban them from entering fire hall, trespass convictions vacated… sufficient evidence of theft of jackets… challenges to 3-weeks mid-deliberations adjournment, right to be present when Judge went into hall to investigate juror/witness contacts, jury [Read more…]
Restitution, future medicals up to cap
RESTITUTION: Consideration of resources/future ability to pay not required since 2003… future medicals improperly stated as unspecified amount up to a $25,000 cap, speculative evidence insufficient to support that amount, remanded for reconsideration… Townsend affirmed, reversed (IOR I-3(d)). [Read more…]
Sexual assault, Defendant/victim ages (replaced)
SEXUAL ASSAULT: Sufficient evidence that jury made factual finding as to ages of victim (under 16) and Defendant (more than 3 years older) to satisfy felony sexual assault (as opposed to misdemeanor)… revised opinion on petition for rehearing… Boucher reversed. [Read more…]
$4,321,814 verdict, train collision, lumbar
VERDICT: $4,321,814, FELA, train collision due to switch error, lumbar annular tear, psychological… summary judgment on RR’s liability and striking RR’s contributory negligence defense. [Read more…]
Elections, political committee disclosures
ELECTIONS: Election-eve request for preliminary injunction against enforcement of political committee disclosure laws denied… Christensen. [Read more…]
Termination while in modified position
Petitioner terminated while in modified position entitled to TTD between termination and surgery, no loophole for where worker begins modified duty before receiving TTD, termination for not being a “fit for culture, property, department” too nebulous to constitute “disciplinary reason”… Sandler. [Read more…]
Settlements
Plan I
Julie Hanson, knee, 9/10, disputed PTD, $72,000 new money, stipulated judgment; Garry Seaman for Hanson, Morgan Weber for MSGIA
Jeff Ferderer, ARD, disputed, $10,000, stipulated judgment; Mark [Read more…]
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