RAPE: Insufficient nexus to impose probation restrictions on contact with minors… Kutzman reversed. [Read more…]
Archives for May 2019
Drugs/DUI, officer certification, jail video erasure
DRUGS/DUI: Arresting officer not precluded from testifying by alleged certification deficiencies… warrant to search truck supported by probable cause starting with scent of marijuana… accidental erasure of jail processing video insufficient to dismiss DUI… Laird affirmed. [Read more…]
Burst waterline, bankruptcy schedules judicial estoppel
BURST WATERLINE: House damage claim against City precluded by judicial estoppel based on failure to list in bankruptcy schedules and by nuisance statute of limitations… Souza. [Read more…]
Boat slip eviction verdict, CPA equitable relief/fees
BOAT SLIP EVICTION: Equitable relief in form of injunction compelling marina to provide boat slips and attorney fees denied following verdict finding that marina operator violated CPA in terminating sailboat slip rental but the violation did not cause damages… Menahan. [Read more…]
$750,342 verdict, motorcycle/pickup, chiropractor income
VERDICT: $750,342, motorcycle/pickup MVA, admitted liability, chiropractor’s lost income. [Read more…]
FELA/LIA/FRSA, $2,171,154.50 verdict rulings, fees
FELA/LIA/FRSA: $2,171,154.50 verdict for termination of conductor who claimed injury in fall from locomotive over RR’s contention that he falsified report of off-work injury upheld… $42,732.47 prejudgment interest added to $500,000 emotional distress award plus $657,107 attorney fees, $81,713.22 expenses, $233,993.70 expert fees, $23,308.94 taxed costs… Christensen. [Read more…]
Settlements
Plan I
Corine Meder, trunk strain or tear, 5/03, MVA, MMIA accepted liability, disputes as to entitlement to indemnity, rehab, medical, $320,000 for all claims plus MMIA will fund by annuity a previously approved MSA, stipulated judgment; David Legare for Meder, Oliver Goe for MMIA [Read more…]