SSD: Revised epilepsy Listing applies, not former Listing relied on by doctor, but a 2nd remand for further development of the record would serve no purpose where claim has been pending for 6 years and SSA can only find isolated pieces of arguably inconsistent evidence… remanded for immediate award of benefits pursuant to “credit as true” rule… Lynch. [Read more…]
Archives for 2019
Defense verdict, train platform snow/ice slip & fall
VERDICT: Defense (25/75 negligence), train platform snow/ice slip & fall, L2 fracture. [Read more…]
30-day notice equitable tolling
Whether 30-day notice requirement may be equitably tolled under latent injury doctrine depends on whether it was reasonable for Petitioner to believe she did not suffer an injury which would require treatment… Sandler. [Read more…]
Settlements
Plan I
Edward Atchley (deceased), organs, 1/86, $115,000, med closed, Jon Heberling [Read more…]
Wrongful discharge, $80,762 verdict, surgical tech
WRONGFUL DISCHARGE: $80,762 verdict for surgical technologist affirmed… invasion of privacy, defamation claims properly dismissed on summary judgment, JML… Olson affirmed (IOR I-3(c)). [Read more…]
Dispatcher timecard investigation, defamation
DISPATCHER TIMECARD INVESTIGATION: Abuse of process, defamation, Anti-Intimidation Act, spoliation, negligence claims of dispatch supervisor who was investigated but not prosecuted for timecard fraud properly dismissed on judgment on pleadings and summary judgment… Hayworth affirmed (IOR I-3(c)). [Read more…]
Attorney discipline, delay in refunding probate retainer
ATTORNEY DISCIPLINE: Mary Zemyan to receive written public admonition on conditional admission for delay in refunding probate retainer… order. [Read more…]
Parental termination, rejected rape conception claim
PARENTAL TERMINATION: Claim that child was conceived from nonconsensual sex properly rejected… Deschamps affirmed (IOR I-3(c)). [Read more…]
Initial appearance delay
INITIAL APPEARANCE: Overlap of probation violations hold, fitness treatment, and aggravated assault charge resulted in “unnecessary delay” in appearance on assault charge, but no prejudice that would require dismissal with prejudice…. remanded to dismiss assault charge without prejudice… Cuffe reversed. [Read more…]
PFMA, post-trial discovery of jail black-eye photos
PFMA: State — not Defendant — should have discovered automatic jail photos showing black eye which tended to corroborate self-defense claim… remanded for new trial… Knisely reversed. [Read more…]
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