Archives for 2015

Restitution, PFMA victim’s mental treatment

October 3, 2015 By lilly

RESTITUTION: Privacy/disclosure interests of PFMA victim’s mental treatment form should be balanced to determine if Defendant is entitled to review counseling costs… Herrington/H. Brown reversed. [Read more…]

Justice Court, jury waiver

October 3, 2015 By lilly

JUSTICE COURT: Jury trial waived by failure of Defendant to personally appear at pretrial hearing, good cause to conduct DUI bench trial past 6 months… Wilson/ Lympus affirmed. [Read more…]

DUI, replacement instructions

October 3, 2015 By lilly

DUI: Defense not impaired by State’s timely replacement of proposed instructions with instructions fitting charge… McKeon affirmed (IOR I-3(d)). [Read more…]

Trust, aged mother ranch manager

October 3, 2015 By lilly

TRUST: No support for claim that bank mismanaged trust by letting aged mother manage ranch, but any such fiduciary breach ratified by beneficiary signing Receipt of Distribution, no support for claim that Receipt was based on fraudulently withheld information… Moses. [Read more…]

Discovery of Facebook posts

October 3, 2015 By lilly

Discovery of Facebook posts compelled… Sandler. [Read more…]

Settlements

October 3, 2015 By lilly

Plan I

Sandra Francisco, knee/neck/back, 2/13, ice slip & fall, all benefits paid, MMI 5/14, 0% impairment by LaVerne Lovell, released to work with no restrictions, additional medical denied, $75,000, disputed liability, medical closed as of 5/14 MMI, stipulated judgment; Stacy Tempel-St. John for Francisco, Norman Grosfield for MACoWCT [Read more…]

Property, easements, settlement agreement

September 26, 2015 By lilly

PROPERTY: Settlement agreement for “termination of all historical easements between the parties” upheld over claim that one easement was not intended… Ortley affirmed (IOR I-3(d)). [Read more…]

Sexual assault, evidentiary rulings

September 26, 2015 By lilly

SEXUAL ASSAULT evidentiary rulings affirmed… Knisely affirmed. [Read more…]

$3,146,185 fees, $29M ESOP stipulated judgment

September 26, 2015 By lilly

ATTORNEY FEES: $3,146,185 fees, $89,153 costs awarded in $29 million settlement/stipulated judgment and assignment of rights by grocery chain executives to 35 ESOP participants… $35,816,986 total judgment with $6,816,986 prejudgment interest… appeal bond waived for $26 billion insurer… Townsend. [Read more…]

$300,000 verdict, MVA, multiple injuries, punitives

September 26, 2015 By lilly

VERDICT: $300,000 ($10,000 punitives), MVA, facial/ orbit/heel fracture, knee, post-concussion, mild TBI, PTSD, uncontested liability/causation for orthopedic injuries. [Read more…]