INSURANCE: Landowner not covered by logging company’s policy for employee’s injury… Allison affirmed. [Read more…]
Archives for June 2015
FELA, slippery locomotive steps, defense verdict
FELA: Sufficient conflicting evidence for LIA claim of ice & snow on locomotive steps causing slip and ACL injury to go to jury… evidence of installation of heated platform by non-party Amtrak as subsequent remedial measure improperly denied… conductor’s non-RR income improperly admitted… defense verdict reversed, remanded for new trial… Fagg affirmed, reversed. [Read more…]
Mining, trespass/conversion, waste salvage
MINING: Trespass/conversion claims relating to removal of waste with now-viable gold deposits improperly rejected on summary judgment… Reynolds reversed. [Read more…]
Agister’s lien, $9,766, Aston Martin storage
AGISTER’S LIEN: $9,766 properly awarded for storage of Aston Martin that was initially brought in for repairs… Macek affirmed (IOR I-3(d)). [Read more…]
Order of protection, release of civil claims
ORDER OF PROTECTION: Denial of motion to dismiss POP based on release of civil claims not abuse of discretion…. McLean affirmed (IOR I-3(d)). [Read more…]
Abuse of process, title insurer’s easement litigation
ABUSE OF PROCESS: Title insurer did not abuse process by funding easement litigation… Huss affirmed (IOR I-3(d)). [Read more…]
Venue, campaign practices declaratory action
VENUE: Campaign practices dec action properly moved from Park to L&C where enforcement action was pending, but improperly sent to specific judge presiding over enforcement action… consolidation up to L&C judges… Gilbert affirmed, reversed. [Read more…]
Dismissal, restitution for law secretary’s theft
DISMISSAL of lawyer’s restitution suit against secretary proper upon motion of lawyer and over objection of secretary following determination of amount in criminal case… Krueger affirmed (IOR I-3(d)). [Read more…]
Search & seizure, pills in bottle in pants cuff
SEARCH & SEIZURE: Suppression of pills found in bottle in pants cuff with other name on bottle during pat-down of driver stopped for suspected license properly denied… Simonton affirmed. [Read more…]
Insurance, multiple wildfire claimants, pro rata
INSURANCE: Court declines to recognize first in time for multiple wildfire claimants, adopts public policy approach that protects interests of all claimants in insurance proceeds pro rata, to be determined by a court in equity… $500,000 commercial auto limits to be deposited in interpleader for benefit of all claimants… Menahan. [Read more…]
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