INSURANCE: UIM fee opinion amended… order. [Read more…]
Archives for 2017
Sexual assault, nolo plea/sentence
SEXUAL ASSAULT: Nolo plea pursuant to agreement improperly accepted… Sandefur reversed. [Read more…]
$52,348 verdict, construction lien, no negligence
VERDICT: $52,348 for construction lien, no negligence on counterclaim. [Read more…]
Insurance, $2.5 million punitives to $1,064,282.44
INSURANCE: $2.5 million punitives for failure to unconditionally pay UIM to motorcyclist’s estate cut to $1,064,282.44 (4-1 ratio)… attorney expert testimony upheld… new trial not warranted by failure to produce documents during time Plaintiff and attorney conferred as “friends”… Anderson affirmed, reversed (unpublished). [Read more…]
Settlements
Plan I
Lynn Trenary, ear(s), 6/16, disputed, $32,500, Rick Pyfer
Beverley DeMary, upper extremities, 4/14, $30,000, Michele Levine [Read more…]
Serial litigation, amended complaint
SERIAL LITIGATION: Amended complaint did not constitute serial litigation as 2nd Judge was not asked for “the same order” as 1st Judge… Ortley reversed. [Read more…]
Trespassing encroachments, shop/drain field
TRESPASSING ENCROACHMENTS: Interlocutory denial of injunctive relief reconcilable with summary judgment declaring shop and drain field encroachments a trespass… Eddy affirmed. [Read more…]
ERISA, inconsistent preemption defense
ERISA: Health insurer improperly allowed to add ERISA preemption after MVA Plaintiff and class pursued benefits under state law based on initial representation that it was not an ERISA plan… Seeley reversed. [Read more…]
Wrongful discharge, seasonal ski employee
WRONGFUL DISCHARGE: Ski employee was probationary as employment began and terminated each season, no reason needed for discharge but no support for contention that he was fired for reporting safety concerns… Wilson affirmed. [Read more…]
Vexatious litigant, pre-filing restrictions
VEXATIOUS LITIGANT: Foreclosure challenger declared vexatious litigant, barred from filing any pro se pleading without prior approval… opinion & order. [Read more…]
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