AVOIDANCE CLAIMS involving preference & usury claims arising from merchant cash advance financing of restaurants resolved in favor of Trustee… Trustee entitled to recover money in segregated account plus attorney fees for total judgment of $2,998,962.51 subject to conditional reduction of any imputed interest included in preference judgment… Holt. [Read more…]
Archives for 2021
Settlements
Plan I
JoAnn Peters, knees, 11/19, housekeeper, St. John’s United Lutheran Ministries, Billings, MHN denied liability asserting that condition is not result of occupational exposure and did not occur in course & scope of employment, $54,000 new money for all claims, stipulated judgment; Leanora Overturf for Peters, Adrianna Potts for MHN [Read more…]
Wrongful discharge, failure to notice medical marijuana
WRONGFUL DISCHARGE: Failure to give notice of medical marijuana use constituted good cause for discharge… Berger affirmed. [Read more…]
Mental commitment, professional person via Vision Net
MENTAL COMMITMENT: Professional person improperly allowed to testify via Vision Net, error not harmless, commitment reversed… McMahon reversed. [Read more…]
Insurance, refusal to produce entire claim file
INSURANCE: Conserving resources insufficient for supervisory control of Menahan’s refusal to order insurer to produce entire MVA/UTPA claims file… order. [Read more…]
Bird feeding injunction clarification
BIRD FEEDING INJUNCTION clarification not “broader than necessary” to cure harm from nuisance birds… Reynolds affirmed (memorandum). [Read more…]
Rape, hearsay statements/video, deaf/DD 13-year-old
RAPE: Hearsay statements and video of deaf and developmentally delayed 13-year-old girl improperly admitted through counselors and investigator… not harmless error… conviction reversed, remanded for new trial… Pinski reversed. [Read more…]
Verdict, $1.2 million/$400,000, telecoms merger
VERDICT: $1.2 million to Plaintiffs, $400,000 to Defendants/Counterclaimants, breach of contract to merge telecommunications companies. [Read more…]
ERISA, disabled Medical Education Specialist
ERISA: Former clinic Medical Education Specialist proved that she was totally disabled and entitled to benefits for 24-months ending 3/29/20, denial applied wrong definition of “Total Disability and Totally Disabled,” Claimant was unable to perform one or more material & substantial duties of her Regular Occupation, denial based on subjective evidence combined with perceived lack of objective evidence contrary to case law… Claimant awarded attorney fees, costs, prejudgment interest, remanded for determination of whether she met policy’s “any occupation” definition of “total disability” after 3/29/20… “paper bench trial”… Watters. [Read more…]
Insurer’s denials not attempt to “unaccept” liability
Insurer’s denials were not attempt to “unaccept” liability without justification, but is liable for L4-5 and left cubital tunnel syndrome, not for right cubital tunnel syndrome or left carpal tunnel syndrome, not for fees/penalty… Sandler. [Read more…]
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