VERDICT: Defense, insurer’s claim for reimbursement of damages incurred in underground salt water pipeline strike. [Read more…]
Archives for November 2018
Settlements
Plan I
Violet Chambers-Johnson, ARD as result of employment with Champion International through 11/30/91, successor International Paper denies claims, numerous & significant disputes including whether Petitioner timely filed claims, whether she was exposed to asbestos in work setting, and/or which employer may be liable, IP has not paid medical or indemnity, $7,000 to resolve all impairment benefits, $7,000 to resolve all future domiciliary, $6,000 to resolve all past & future medical benefits, $21,500 to resolve all potential benefits under §39-71-721 (1991), stipulated judgment; William Blackaby, Dustin Leftridge, and Ethan Welder for Chambers, Leo Ward for IP [Read more…]
Casino lessee eviction, lost profits, punitives, fees
CASINO LESSEE EVICTION: Compensatory (lost profits), punitives, interest awards affirmed, reversed. . . attorney fees properly awarded under LLA. . . Seeley affirmed, reversed. [Read more…]
Dram shop death settlement apportionment, distribution
DRAM SHOP SETTLEMENT: $204,866.39 net from $325,000 for death of 19-year-old properly allocated $194,136.43 to survival action and $10,729.96 to wrongful death damages with $7.51 wrongful death damages and 0 survival/consortium damages to father who spent only 5 days with daughter. . . Pinski affirmed (IOR I-3(c)). [Read more…]
Disability discrimination, fired injured MDC employee
DISABILITY DISCRIMINATION claim by injured MDC employee who failed to cooperate in finding alternative position properly rejected. . . Berger affirmed. [Read more…]
Request for additional depositions
BNSF’s request for leave to take additional depositions denied. . . Eddy. [Read more…]
Request for additional time to disclose pathologist
BNSF’s motions for additional time to disclose pathology expert and for expert rebuttal report deadline denied. . . Eddy. [Read more…]
Drugs, “indicators” as particularized suspicion to stop
DRUGS: Series of “indicators” insufficient particularized suspicion to extend stop for expired registration into drug investigation. . . conviction reversed. . . Laird reversed. [Read more…]
Leading questions of corporate fraud co-conspirator
LEADING QUESTIONS: Corporate fraud conviction affirmed over challenge to extensive leading of key witness CFO against CEO. . . Christensen affirmed (memorandum). [Read more…]
$2,171,154.50 net, terminated injured RR conductor
ERDICT: $2,171,154.50 net including $249,999 punitives, termination of RR conductor who claimed injury on locomotive over RR’s contention that he falsified report of off-work injury. [Read more…]