Archives for 2022

Directed verdict, med-mal, lasting hoarseness

May 7, 2022 By lilly

DIRECTED VERDICT for med-mal Defendant, lasting vocal hoarseness & difficulty swallowing following cervical surgery… Harada. [Read more…]

Legal malpractice, sex assault defendant’s counsel

April 30, 2022 By lilly

LEGAL MALPRACTICE claim against sexual assault defendant’s deceased attorney’s firm fails because Alford plea entered after allegedly ill-advised guilty plea was withdrawn severed causation of initial plea… Best affirmed (other grounds, memorandum). [Read more…]

Quiet title, complex chain of title, deed in Bible

April 30, 2022 By lilly

QUIET TITLE: 30 acres with complex chain of title and 1958 deed discovered in Bible in 2013 acquired by adverse possession with any interest by cotenants extinguished by ouster… constructive fraud counterclaims against Plaintiffs and DOR properly rejected on summary judgment… Ohman affirmed. [Read more…]

Marital, home apportionment, stay at home husband

April 30, 2022 By lilly

MARITAL: Home properly apportioned where wife funded entire downpayment and worked during marriage while husband stayed home to remodel and maintain property… Menahan affirmed (memorandum). [Read more…]

Verdict, $12,500 (50/50 negligence) dog bite, sural nerve

April 30, 2022 By lilly

VERDICT: $12,500 (50/50 negligence), dog bite, sural nerve. [Read more…]

Insurance, oilfield waste pollution, Louisiana/Montana

April 30, 2022 By lilly

INSURANCE: Coverage and defense of oilfield waste pollution suits by Louisiana entities for activities in Montana precluded by failure to provide timely notice and by material misstatements in policy applications… Louisiana law applied in case transferred to Montana… Morris affirmed. [Read more…]

No need or best interest for $150,000 lump sum of PTD

April 30, 2022 By lilly

Petitioner failed to demonstrate need for $150,000 lump-sum of PTD or that it is in her best interest… Sandler. [Read more…]

Settlements

April 30, 2022 By lilly

Plan I

Nathan White, disk, 6/20, $6,500, Kiel Duckworth [Read more…]

Insurance, Policy Simplification Act certified answer

April 16, 2022 By lilly

INSURANCE: Despite failure to follow Policy Simplification Act table of contents/notice provisions an insurer may rely on unambiguous exclusions when invalidating would increase the risk assumed… 9th Circuit certified question answered… Molloy reversed. [Read more…]

Nuisance, abusive behavior easement dispute, $360,000

April 16, 2022 By lilly

NUISANCE: Abusive behavior in easement dispute supported $360,000 parasitic emotional distress and punitive damages verdict… punitives cap waived by limited financial information provided… Ulbricht affirmed. [Read more…]