LEGAL MALPRACTICE: Jury improperly instructed to decide whether Plaintiffs would have actually settled med-mal claim stemming from C-section loss of child had claim not been lost by statute of limitations, when MSC required only whether it was probable that they would have recovered a settlement… experts established that they probably would have recovered a settlement, remanded for new trial on likely value of a settlement… defense verdict reversed, McLean reversed. [Read more…]
Archives for October 2016
Age discrimination, Apprentice Committee
AGE DISCRIMINATION: Fact issues preclude summary judgment as to agency relationship between Defendant and Apprentice Training Committee whose members’ statements form basis of claim… HRC/Larson affirmed. [Read more…]
Debt collection, IRS Form 1099-C
DEBT COLLECTION: IRS 1099-C is not prima facie evidence of intent to discharge a debt, summary judgment for bank on collection claim proper… non-lawyer may not appear for corporation… Ulbricht affirmed. [Read more…]
Prejudgment interest, state health plan made-whole
PREJUDGMENT INTEREST in State Health Plan benefits coordination/made-whole class action properly found to first accrue 30 days following BCBS, not when bills were incurred… Cooney affirmed. [Read more…]
Flooring damages, toxic poisoning expert
FLOORING DAMAGES claims by homeowners dismissed as belonging solely to their LLC, lack of toxic poisoning expert… Townsend affirmed (IOR I-3(c)). [Read more…]
Driver’s license, “not a U.S. person”
DRIVER’S LICENSE properly denied for failure of “not a U.S. person” to establish lawful presence in US… McKeon affirmed (IOR I-3(c)). [Read more…]
Reckless driving, in-court ID
RECKLESS DRIVING: In-court ID of Black accused of road-rage assault was impermissibly/unnecessarily suggestive, but did not create substantial likelihood of misidentification… convictions affirmed… Baugh affirmed (other grounds). [Read more…]
Criminal endangerment, high-speed pursuit
CRIMINAL ENDANGERMENT: Instruction on lesser-included negligent endangerment properly refused for high-speed pursuit Defendant… Boucher affirmed. [Read more…]
Drugs, meth in urine, evanescence/staleness
DRUGS: Evidence of meth in urine properly not suppressed based on common sense assessment of evanescence/staleness… Manley affirmed (IOR I-3(c)). [Read more…]
Sentencing, 500-mile residency restriction
SENTENCING: 500-mile residency restriction not reasonably related to rehab and protection of society, remanded for re-sentencing… order. [Read more…]
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