LEGAL MALPRACTICE claims stemming from property access settlement with County properly dismissed as time-barred fraud claims… Wilson affirmed (IOR I-3(c)). [Read more…]
Archives for 2017
Negligence, auto/pedestrian defense verdict
NEGLIGENCE: Cross of eyewitness to auto/pedestrian collision as to prior inconsistent statements improperly curtailed, defense verdict reversed, remanded for new trial… summary judgment on negligence per se properly denied, proper response to jury query as to City’s cross-walk law… Larson reversed, affirmed. [Read more…]
SSI
SSI claim properly denied… Johnston affirmed (unpublished). [Read more…]
Drugs, prolonged speeding stop
DRUGS: Prolonged speeding stop supported by reasonable suspicion of criminal activity, motion to suppress properly denied… gun in locked suitcase in trunk not “accessible” for purposes of sentencing enhancement although in “proximity” to drugs… Watters affirmed, reversed (unpublished). [Read more…]
Prospect of regular employment
Petitioner proved no reasonable prospect of regular employment… rehab expert could find no satisfactory sales job that would accommodate as did TOI employer… because Petitioner is PTD he is entitled to ongoing medical under §704(1)(f)(ii)… Sandler. [Read more…]
Settlements
Plan I
Pamela Marlenee, low back, 12/12, $38,000, James Edmiston
Kenneth Ledeau, hip, 8/16, $24,900, Tom Murphy [Read more…]
Race/housing discrimination, $28,625
RACE/HOUSING DISCRIMINATION: $13,625 economic damages, $10,000 emotional distress, $5,000 civil penalty, discrimination against and eviction of Hispanic tenants by landlord’s agents… default entered against landlord for late appearance at hearing… Caroline Holien. [Read more…]
Lending breach, 12(b)(6) v. summary judgment
LENDING BREACH claims properly dismissed under 12(b)(6)… supplemental affidavit did not require conversion to summary judgment… Ortley affirmed. [Read more…]
Justifiable force, failure to instruct
JUSTIFIABLE FORCE: Misdemeanor assault conviction reversed/remanded on plain error review for failure to instruct on justifiable force although issue not raised below… Cantin/Gilbert reversed. [Read more…]
Sentencing, “distracted” Judge, “loser” comment
SENTENCING: Claim of deprivation of due process at DUI sentencing hearing on basis that “distracted” Judge called Defendant a “loser” rejected, counsel not ineffective for not objecting to Judge’s conduct… standard DOC probation condition of permission before engaging in business etc properly imposed…. Deschamps affirmed. [Read more…]
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