PSC: Writ of prohibition properly issued barring PSC from propounding discovery requests in garbage collection case following ex parte communications between staff attorney and counsel for opponents, but writ of mandate improperly issued removing entire PSC from case and ordering independent hearing examiner… Reynolds affirmed, reversed. [Read more…]
Archives for August 2019
Homicide, deceased pathologist’s autopsy remarks
DELIBERATE HOMICIDE: Deceased pathologist’s comments during autopsy of drowned woman that bruises around neck were “troubling” improperly admitted through testimony of FBI agent who heard them, husband’s conviction of deliberate homicide reversed, remanded… Hayworth reversed. [Read more…]
Discovery abuse, financial sanction v. new trial
DISCOVERY ABUSE: Financial sanction in form of County Attorney’s Office reimbursing OPD properly ordered rather than new trial for State’s refusal to timely disclose video of girlfriend recanting statement that Defendant did not hit her with van… Haynes affirmed. [Read more…]
Easement agreement rescission, hunting offense
EASEMENT across neighbors’ property properly rescinded for hunting without permission conviction in violation of Easement Agreement’s conditions… no private or public easement… nuisance/negligence/punitives claims for blocking access rejected… Berger. [Read more…]
Defense verdict, ag lending breach
VERDICT: Defense, alleged ag lending breach. [Read more…]
Discovery, aluminum smelter CERCLA contribution
DISCOVERY: Motion by former owner of aluminum smelter to compel discovery responses including tax returns by current owner in CERCLA contribution case granted… $16,095.10 attorney fees awarded… Molloy. [Read more…]
§703(2) impairment classifications constitutionality
§703(2) impairment classifications constitutional… Sandler. [Read more…]
Settlements
Plan I
Kasey Kummer, low back, 10/12, $50,000, Russell Plath [Read more…]
Medical malpractice, tonsillectomy defense verdict
MEDICAL MALPRACTICE: Tonsillectomy complications defense verdict affirmed over challenges to denial of summary judgment on liability, directed verdict on informed consent, denial of insurance disclosure… Newman affirmed (IOR I-3(c)). [Read more…]
Negligent homicide, failure to secure trooper appearance
NEGLIGENT HOMICIDE: Counsel was ineffective in not securing appearance of relocated trooper or preservation of his report that would support Defendant’s claim that he drove in reverse over decedent to escape his choking and did not again drive over him in forward… conviction vacated, remanded for new trial… payouts to injured victims by Defendant’s insurer should be deducted from their restitution payments… Haynes reversed. [Read more…]