PLEA WITHDRAWAL: Deliberate homicide Defendant not provided adequate opportunity to explain complaints about counsel, remanded for adequate inquiry… Dayton reversed. [Read more…]
Archives for May 2015
Restitution, forged checks
RESTITUTION claims as to forged checks waived by untimely assertion… Jones affirmed (IOR I-3(d)). [Read more…]
Insurance, $29 million ESOP settlement, defend
INSURANCE: $29 million settlement by 35 ESOP participants and grocery chain executives found reasonable following reasonableness hearing on remand from Supreme Court holding that insurer breached duty to defend and was estopped from denying coverage and no evidence of collusion but reasonableness hearing required… $29 million judgment against insurer… Townsend. [Read more…]
Expert disclosures, insurance fire dispute
EXPERT DISCLOSURE rulings in dispute over insurance coverage of burned home (repairable or total loss)… Molloy. [Read more…]
Defense judgment, ADA, road superintendent
BENCH JUDGMENT: Defense, ADA/retaliation, county road superintendent… Haddon. [Read more…]
Settlements
Plan II
Amy Vulk, cervical/CTS while working at Montana City Grill 3/11, disputed, $20,000 new money plus payment of numerous medical bills, stipulated judgment; William Blackaby for Vulk, Charles Adams for Employers Compensation Ins. [Read more…]
Medical damages, billed v. paid by insurer
MEDICAL DAMAGES: Actual amounts billed to deceased tort victim admissible, not limited to amounts actually paid by Medicare/BCBS… reasonableness of bills as measure of damages to be determined by the jury… Defendants may contest reasonableness, Plaintiff may counter with what Medicare pays to other providers… order admitting only evidence of amounts insurers paid violates collateral source rule… supervisory control of Oldenburg granted. [Read more…]
Hospitals, uninsured patients v. PPAs
HOSPITALS: Uninsured patient has standing to challenge unequal charges vis-à-vis PPAs… summary judgment based on rejection of uninsured status as “social condition” premature before addressing disparate treatment… Reynolds affirmed (other grounds), reversed. [Read more…]
Floodplain regulation, stipulation, sanctions
FLOODPLAIN REGULATION: Regulatory issues resolved by stipulation for declaratory judgment… claim for sanctions for County’s “deceitful representations” in obtaining $116,459 sanctions against Plaintiffs rejected as attempt to circumvent stipulation… Haynes affirmed (IOR I-3(d)). [Read more…]
Gravel access lease, parol evidence
GRAVEL ACCESS LEASE properly construed without parol evidence purporting to allow renewal in perpetuity… Townsend affirmed (IOR I-3(d)). [Read more…]
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