FTCA: Charred tree fall death & injuries on forest road barred by discretionary function exception… Molloy affirmed (memorandum). [Read more…]
Archives for September 2023
Construction contract, failure to join general contractor
CONSTRUCTION CONTRACT: Electric subcontractor’s complaint dismissed without prejudice under Rule 12(b)(7) for failure to join general contractor in attempt to avoid arbitration… Christensen. [Read more…]
Construction contract, failure to join general contractor
CONSTRUCTION CONTRACT: Exterior building subcontractor’s claims for compensation for additional work resulting from Project’s defective designs dismissed without prejudice under Rule 12(b)(7) for failure to join general contractor, relief may be pursued in arbitration… bond foreclosure stayed pending arbitration… Christensen. [Read more…]
Malicious prosecution, rifle barrel trademark infringement
MALICIOUS PROSECUTION claim against carbon fiber rifle barrel manufacturer for filing ultimately voluntarily dismissed trade dress mark infringement proceeding rejected on summary judgment on the basis of probable cause… inadvertently disclosed draft document in email from attorney protected by attorney-client privilege and as opinion work product, not considered on summary judgment… claims of false or fraudulent registration of a trademark and tortious interference with business relations/prospective economic advantage previously dismissed under Rule 12(b)(6)… DeSoto. [Read more…]
Insufficient medical opinion to prove OD
Providers’ documentation of what Petitioner told them insufficient medical opinion to prove OD… Sandler. [Read more…]
Settlements
Plan I
Deena Breckenridge, low back 5/17, low back/hip 12/20, Conrad, MHN initiated all benefits due & owing, Petitioner underwent hip surgeries including a total hip replacement, MMI achieved, disputes as to further indemnity & medical, $90,000 new money for all claims, stipulated judgment; Thomas Murphy for Breckenridge, Joe Maynard for MHN [Read more…]