LEGAL MALPRACTICE: Claims alleging erroneous advice that right to appeal $3.8 million defamation judgment would not be lost by filing bankruptcy were property of bankruptcy estate, properly sold by Trustee to malpractice defendant for $12,000… Seeley affirmed. [Read more…]
Archives for March 2015
Malicious prosecution, Medicaid fraud acquittal
MALICIOUS PROSECUTION and related claims stemming from Medicaid fraud acquittal properly dismissed for failure to state claim and on summary judgment… Sherlock affirmed (IOR I-3(d)). [Read more…]
Marital, pension division, attorney fees
MARITAL: Pension division properly based on time rule per settlement agreement, although other methods could be utilized absent an agreement… wife entitled to appeal fees as prevailing party, not to fees below because she did not cross-appeal… Moses affirmed (other grounds). [Read more…]
Securities, churchman’s solar panel scheme
SECURITIES: Sufficient evidence that churchman failed to register as securities salesperson and failed to register a security in connection with solar panel scheme that fleeced disabled vet of $150,000… fraudulent practices conviction reversed because of instruction based on definition not in effect at the time… instruction on “willfully” did not create strict liability offense, 10 years all but 90 days suspended proper… $150,000 restitution proper despite acquittal of theft… Tucker affirmed, reversed. [Read more…]
DUI, balance tests “coercion,” ear condition
DUI: No evidence that will was overborne or capacity for self-determination critically impaired by “coercing” Defendant to take balance tests despite claimed ear condition, felony DUI affirmed… sentences for no insurance or registration exceeded statutory mandates… Fagg affirmed, reversed (IOR I-3(d)). [Read more…]
Defense verdict, dog bite
VERDICT: Defense, no County liability for bite by dog that had previously bitten shelter worker. [Read more…]
Defense verdict, wrongful discharge, drug test
VERDICT: Defense, wrongful discharge, meat packager, disputed drug testing compliance. [Read more…]
Settlements
Plan I
Teri Anderson, multiple, 11/05, medical closed, $190,000, Laurie Wallace [Read more…]
Default, ignored service, $3,970,899.56 verdict
DEFAULT: Motion to vacate entry of default properly denied based on in-house attorney who was stipulated to receive service repeatedly ignoring service over claim of mistaken belief that outside counsel was handling… $3,970,899.56 verdict for driver injured by falling logs affirmed… Larson affirmed. [Read more…]
Acknowledgment/sanctions, $268,436 verdict
ACKNOWLEDGMENT/SANCTIONS: Acceptance of $268,435.94 judgment on MVA verdict waived right to appeal denial of new trial on damages for emotional distress, enjoyment of life, and future medicals associated with prescription drug… admitting in deposition to conduct that constituted traffic violations did not merit 37(c)(2) sanctions for denying in discovery violation of statutory provisions… Larson affirmed (opinion & order). [Read more…]
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