PUNITIVES: Evidence of alleged racial motivation improperly precluded in punitives phase of trial in which jury awarded Indian $1,000 compensatory damages for assault by white neighbor and $2,000 punitives… remanded for new trial on punitives… Wald reversed. [Read more…]
Archives for August 2023
Revocation, sex treatment arrangement prior to release
REVOCATION: Sex offender improperly revoked on basis that he did not have treatment arranged prior to release from prison… Ruiz reversed. [Read more…]
Taxes, $8,465,000 penalties, bogus timeshare deductions
TAXES: $8,465,000 in penalties properly imposed for promoting bogus tax-avoidance scheme of charitable deductions for donation of unwanted timeshares… Morris affirmed. [Read more…]
Insurance, bar parking lot altercation, off-duty officer
INSURANCE: Insurer has duty to defend off-duty police officer against claims stemming from bar parking lot altercation in which Plaintiff alleges he was “brutally assaulted” as he was attempting to drive through the lot and the officer claims he acted in self-defense because of Plaintiff showing a firearm in his vehicle… underlying Complaint allegations read in conjunction with other facts known to insurer including self-defense claim asserted as affirmative defense in officer’s Answer… DeSoto. [Read more…]
Refusal to attend designated treating physician
No grounds to terminate benefits for Claimant refusing to attend appointment with treating physician designated by insurer while it was paying benefits under reservation… Sandler. [Read more…]
Settlements
Plan I
Danny Goyette, ear(s), 4/23, disputed, $9,000, Kim Schulke [Read more…]
Discovery, MVA suit dismissed for dilatory responses
DISCOVERY: MVA suit properly dismissed with prejudice as sanction for dilatory responses… Souza affirmed. [Read more…]
Rape/incest, 2004 convictions, recantation/false memory
RAPE/INCEST: Claims of actual innocence of 2004 convictions of sexual abuse of daughters based on “newly discovered evidence” of recantation, false memories, and abuse by another Defendant properly rejected in time-barred postconviction proceeding… Lint affirmed. [Read more…]
Prisoners, MSP clothed body search
PRISONERS: Claims relating to clothed body search of MSP prisoner properly rejected on summary judgment… Dayton affirmed. [Read more…]
Deliberate homicide, decapitation, speedy trial
DELIBERATE HOMICIDE: Conviction of decapitation affirmed over speedy trial and prison video testimony challenges… Todd affirmed (memorandum). [Read more…]