Archives for 2021

Mental disease/defect, affirmative defense v. defense

April 10, 2021 By lilly

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

April 10, 2021 By lilly

DAYCARE NEGLIGENCE: Claims as to child’s subdural hematomas rejected on summary judgment… Rienne McElyea. [Read more…]

City water leak, repair v. monitor/maintain

April 10, 2021 By lilly

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…]

Default judgment, $5,364.50, death of dog in illegal trap

April 10, 2021 By lilly

DEFAULT JUDGMENT: $5,364.50, death of dog in illegal trap… Halligan. [Read more…]

SSD/SSI denial affirmed

April 10, 2021 By lilly

SSD/SSI properly denied… Opp/Johnston affirmed (memorandum), [Read more…]

SSD/SSI denial reversed

April 10, 2021 By lilly

SSD/SSI: Denial remanded for proper consideration of Applicant’s PTSD diagnosis and doctor’s treatment notes… Kelley/Lynch reversed (memorandum). [Read more…]

Medical licensing, Younger, 11th Amendment immunity

April 10, 2021 By lilly

MEDICAL LICENSING: Challenge of license restriction for overprescribing narcotics rejected pursuant to Younger, 11th Amendment immunity… Molloy. [Read more…]

Settlements

April 10, 2021 By lilly

Plan II

Brenden Leischner, back/face, 5/18, Riverside Const., Laurel, Arch accepted claims, paid all benefits due, disputes as to impairment, voc-rehab, wage loss, further treatment, $93,000 for all claims, stipulated judgment; Vincent Salminen for Leischner, Adrianna Potts for Arch Ins. [Read more…]

Wrongful discharge, mental health Program Manager

April 3, 2021 By lilly

WRONGFUL DISCHARGE: Good cause to terminate mental health Program Manager for concerns about her conduct and client care, claim properly dismissed on summary judgment… Eddy affirmed. [Read more…]

Evidence/procedure, Rule 62.1 indicative, new evidence

April 3, 2021 By lilly

EVIDENCE/PROCEDURE: Jurisdiction lacking over Rule 60(b) motion following notice of appeal… Rule 62.1 indicative motion properly denied as “new evidence” in boat shooting was inadmissible hearsay and not obtained with reasonable diligence… Recht affirmed. [Read more…]