WRONGFUL DISCHARGE claims of County HR Director in “sensitive managerial or confidential position” properly rejected on summary judgment… Pinski affirmed. [Read more…]
Archives for 2016
Interpleader, wildfire insurance claims
INTERPLEADER intended to equitably distribute all insurance proceeds notwithstanding 2 judgments against insured and execution writs against $1 million CGL proceeds stemming from wildfire affecting 35 neighbors… deposit of proceeds not required at time interpleader was commenced, proceeds deposited after Federal Court found coverage were part of res… Menahan affirmed. [Read more…]
Indemnity agreements, “appropriate expenses”
INDEMNITY AGREEMENTS: Summary judgment properly granted on limited issue of whether insurer may seek indemnification from contractor for “appropriate expenses” incurred in payment litigation by subcontractor, issue of damages to be decided by trier of fact including whether fees which contractor alleges were incurred by insurer defending against bad faith claim in underlying litigation are covered… Moses affirmed. [Read more…]
Justice Court appeal, findings/conclusions v. review
JUSTICE COURT APPEAL: Findings & conclusions improperly entered by District Court rather than reviewing JP’s decision… Pinski reversed (IOR I-3(c)). [Read more…]
Parenting, Standing Master standard of review
PARENTING: Proper standard of review employed in reversing Standing Master’s parenting report… Sandefur affirmed (IOR I-3(c)). [Read more…]
Youth, aged-out sex offender transfer to DC
YOUTH: Sex offender properly transferred to District Court after turning 18 to complete treatment after being expelled from Pine Hills program, polygraph not relied on… Tucker affirmed. [Read more…]
DUI, blood draw, “cleansed and disinfected”
DUI: RN’s testimony that she prepared blood draw site with Betadine satisfied ARM even though she did not expressly use words “thoroughly cleansed and disinfected”… McKeon affirmed (IOR I-3(c)). [Read more…]
PFMA, 2003 statute constitutionality
PFMA: Defendant waived by plea agreement the right to challenge constitutionality of 2003 PFMA statute to get his felony conviction reduced to misdemeanor, Lenihan not appropriate for challenge of conviction (as opposed to sentence)… Sherlock affirmed. [Read more…]
Insurance, out-of-state medical reviewers
INSURANCE: Personal jurisdiction found over out-of-state medical reviewers who recommended denial of health coverage for Montanan… 12(b)(6) dismissal of aiding & abetting, UTPA, contractual interference, punitives claims against doctors and medical review entity denied… Larson. [Read more…]
$1 million settlement, rollover, tire placement
SETTLEMENT: $1 million policy limit, rollover allegedly due to hydroplaning from placement of new tires on front rather than rear, 4 Missouri Plaintiffs. [Read more…]
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