MEDICAL MALPRACTICE: Late-disclosed expert opinion that doctor used incorrect scissors or correct scissors improperly resulting in newborn circumcision injury properly excluded, defense verdict affirmed… McMahon affirmed (memorandum). [Read more…]
Archives for 2022
Vehicle misrepresentation, email settlement
VEHICLE MISREPRESENTATION claims settled in binding emails regardless of no formal release, remedy for failure to perform lies in contract such as rescission… Menahan affirmed (memorandum). [Read more…]
Open meetings, legislative committee recess sub-quorum
OPEN MEETINGS: Sub-quorum recess meeting of House Judiciary Committee not violative of open meeting laws… Menahan affirmed. [Read more…]
Attempted delib homicide, child sex abuse comments
ATTEMPTED DELIBERATE HOMICIDE: State improperly allowed to reference and elicit testimony regarding Defendant’s shocking child sex abuse comments in an explicit/repetitive manner that went beyond mere need to show motive to kill and was unfairly prejudicial… conviction reversed, remanded for new trial… McMahon reversed. [Read more…]
Wildfire liability, firing operations communications
WILDFIRE LIABILITY: Negligence/intentional tort claims by landowners relating to FS’ communication decisions (or lack thereof) as to firing operations precluded by FTCA discretionary function exception… FS also had the legal right to conduct firing operations on out-of-state owner’s non-residential property, it did not intend for fire to travel or remain (trespass) on the properties, any emotional distress Plaintiffs suffered not “serious or severe”… Molloy. [Read more…]
Settlements
Plan I
No lawyer
Wendy Allen, low back, 8/87, $13,500
Susan Howard, low back, 10/20, $6,500 [Read more…]
Marital, prior acquired properties, divorced, remarried
MARITAL: Estate with multiple prior acquired properties by divorced, remarried, reunited, separated, and divorced couple properly apportioned… Cuffe affirmed (memorandum). [Read more…]
DUI, suppression following death of officer denied
DUI: Motion to suppress/dismiss following death of arresting officer properly denied without evidentiary hearing… John Brown affirmed (memorandum). [Read more…]
Discovery sanctions against counsel, business partners
DISCOVERY SANCTIONS: 3rd-Party Plaintiff’s counsel and business partners liable for sanctions awarded against “insolvent” 3rd-Party Plaintiff… Larson. [Read more…]
Unreasonable force arrest, spoliation of parking lot video
UNREASONABLE FORCE ARREST: Sanction designating that officers used unreasonable force to arrest Plaintiff imposed for failure to preserve security camera video of Probation & Parole Office parking lot where arrest occurred… issues of causation, injury, damages, and whether officers acted with malice reserved for jury… Morris. [Read more…]
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