CLASS ACTION: Summary judgment for insurer in class action alleging failure to advance pay medical and wages vacated and remanded for whether CAFA’s $5 million jurisdiction amount is satisfied, a question raised sua sponte by the Panel… DeSoto/Morris reversed. [Read more…]
Archives for July 2023
Insurance, destroyed tank wash building
INSURANCE: Summary judgment that CGL policy purchased for premises containing office, warehouse, and shop space does not cover subsequently constructed tank wash building that was destroyed by fire affirmed… Watters affirmed (memorandum). [Read more…]
ADA, depression/anxiety accommodation
ADA: Claim of failure to accommodate depression & anxiety by transfer to position with limited or no contact with a co-worker properly rejected… DeSoto affirmed (memorandum). [Read more…]
Settlements
Plan I
Lisa Ruff, shoulder(s), 10/17, PT, $179,641.20, med reserved, Matthew Murphy [Read more…]
Adverse possession, action in equity, no jury right
ADVERSE POSSESSION: Action to quiet title is an action in equity and does not mandate right to a jury trial… Recht affirmed (memorandum). [Read more…]
Vexatious litigant, denied opportunity to be heard
VEXATIOUS LITIGANT: 4th groundless child support action properly dismissed but Plaintiff improperly denied opportunity to be heard before being subjected to filing restrictions… Eddy affirmed, reversed (memorandum). [Read more…]
Resisting arrest, no presence at jury queries as to “arrest”
RESISTING ARREST: Conviction reversed for Judge’s failure to consult with Defendant and counsel as to jury’s queries as to definition and timing of “arrest” before replying that it should apply the instructions as given… McMahon reversed. [Read more…]
Threats in official matters, sex offender DUI stop
THREATS IN OFFICIAL MATTERS: Defendant’s status as misdemeanor sex offender properly admitted under Transaction Rule and Rule 403 in support of State’s argument that he was threatening Deputy regarding his wife and daughter in effort to deter blood draw or further DUI investigation… conviction affirmed but pretrial supervision costs improperly imposed without analyzing ability to pay… Vannatta affirmed, reversed. [Read more…]
Revocation, sex treatment not in original sentence
REVOCATION: Suspended sentence improperly revoked for being terminated from sex treatment when no such condition was imposed in sentence… Hayworth reversed (memorandum). [Read more…]
Wolf hunting, night hunting with thermal imaging
WOLF HUNTING: §87-6-903(1) does not prohibit thermal and infrared imaging but merely adds a sentence enhancement for use of it in aid of illegally taking an animal… but FWC exceeded SB 314 (2021) which allows use of artificial light or night vision scopes by allowing thermal (infrared) imaging… issue not moot even though regulations have lapsed… McMahon. [Read more…]