DUI: Texas DWI listed in NCIC record as “convicted” competent for felony enhancement despite no information about a sentence or judgment… R. McElyea affirmed. [Read more…]
Archives for March 2020
Insurance, “Chamber Choices,” kickbacks, unconsented
INSURANCE: Claims relating to “Chamber Choices” health insurance program survive motion to dismiss based on alleged law of case vis-à-vis Federal Court disposition of ERISA theory, negligent misrepresentation pleading requirements… Halligan. [Read more…]
Settlements
Plan I
No lawyer:
Ronnie Hagel, lower arm, 6/19, $50,355
Paul Rubright, shoulder(s), 11/19, disputed TTD, $1,352
Bart Stevenson, ear(s), 9/15, disputed, $15,000
Terry Wilbanks, multiple, 3/94, $8,000 [Read more…]
Libby asbestos claims against BN, supervisory control
LIBBY ASBESTOS claims against BN not preempted by FRSA or HMTA… BN subject to strict liability because handling of asbestos constitutes abnormally dangerous activity, but protected from liability under Restatement of Torts §521 for actions taken pursuant to statutory public duty, for those actions is subject only to ordinary negligence… BN may not refute causation by offering Grace’s conduct as a substantial factor or superseding intervening cause of injuries… Eddy affirmed, reversed on supervisory control. [Read more…]
Criminal trespass, landowner posting v. backyard
CRIMINAL TRESPASS: 1985/91 landowner posting legislation for raw land not intended to require residential posting, motion to dismiss by backyard trespasser properly denied… Seel/R. McElyea affirmed. [Read more…]
Right to be present, absent juror substitution discussion
RIGHT TO BE PRESENT at discussion of potential substitution of alternate for absent juror not sufficiently prejudicial for plain error review… Cuffe affirmed. [Read more…]
Postconviction, “prison mailbox rule,” Justices recusal
POSTCONVICTION claims by prisoner properly found time-barred, federal “prison mailbox rule” not adopted… recusal of Justices who sat on direct appeal not warranted… R. McElyea affirmed (IOR I-3(c)). [Read more…]
$24,500 verdict, reassignment of State grazing leases
VERDICT: $24,500, breach of ranch lease involving dispute as to reassignment of State leases after termination of ranch lease, plus $36,440 attorney fees. [Read more…]
Vicarious liability, rape by Child Protection Specialist
VICARIOUS LIABILITY: Claims against State by victim of rape by Child Protection Specialist not viable under respondeat superior, but are viable under nondelegable duty exception… Christensen. [Read more…]
Class action, short-term medical insurance
CLASS ACTION certified in short-term medical insurance case alleging use of Data iSight software to discount medical charges to an amount below what was promised in the policies… Cavan/Watters.
Magistrate Cavan. [Read more…]