WITNESS DISCOVERY: Supervisory control of Larson denied as to denial of motion to interview or depose rape accuser… order. [Read more…]
Archives for April 2021
Personal jurisdiction, product liability
PERSONAL JURISDICTION not exercised over Pennsylvania/Tennessee LLC that manufactured heater that allegedly caused fire in National Guard shelter assembled by Montana corporation using HVACs created by Florida corporation… Christensen. [Read more…]
§414(6)(a) (2017) subrogation unconstitutional
§414(6)(a) (2017) subrogation is unconstitutional under Art. II §16 full redress for not including claimant’s costs of recovery in tort claim including attorney fees but the remedy is not a ruling that insurer has no right of subrogation, insurer may exercise that right when below-knee amputation Claimant who obtained $7,875,000 tort settlement is made whole… Sandler. [Read more…]
Settlements
Plan I
Jaymie McMaster, knee, 11/18, $62,500, medical reserved, Matthew Murphy [Read more…]
Appellate disqualification, SB 140 challenge
APPELLATE DISQUALIFICATION: Challenge to SB 140 to be heard by the 6 Associate Justices (response to Governor’s motion to disqualify judges who participated in SB 140 poll, Justices did not participate in poll)… order. [Read more…]
Sentencing, 6-month DUI, 552 days to execution
SENTENCING: 6-month DUI sentence long expired during 552 days from notice of appeal remittitur to motion to execute stayed sentence, motion improperly granted… Townsend reversed. [Read more…]
Sentencing, 2016 SIWC, pre-17 statute
SENTENCING: Defendant who committed SIWC in 2016 properly sentenced under pre-17 statute… Pinski affirmed (memorandum). [Read more…]
Mental disease/defect, affirmative defense v. defense
MENTAL DISEASE/DEFECT: Whether mental disease or defect by Defendant accused of threatening judge was referred to in Opinion as affirmative defense or a defense is irrelevant in context of seeking continuance… rehearing denied… order. [Read more…]
Daycare negligence, subdural hematomas, defense SJ
DAYCARE NEGLIGENCE: Claims as to child’s subdural hematomas rejected on summary judgment… Rienne McElyea. [Read more…]
City water leak, repair v. monitor/maintain
CITY WATER LEAK: City responsible only for repair of private water line serving single customer, not for monitoring or maintaining to prevent claimed $94,075.11 damages under theories of negligence, breach of contract, inverse condemnation… Souza. [Read more…]