DEFAMATION: New York Post statements about Whitefish businessman are protected by New York’s fair report privilege as they fairly & accurately report court proceedings, not for a jury to decide… ex-police chief’s comparison to Weinstein and Epstein non-actionable opinion… Eddy reversed, affirmed. [Read more…]
Archives for 2024
$35 million default judgment, securities software
DEFAULT: $35 million default judgment properly entered against Defendant for failure to participate in securities trading software litigation… Fehr affirmed (memorandum). [Read more…]
Guardianship, Creditor’s Claim, missing daughter
GUARDIANSHIP: Creditor’s Claim for reimbursement for costs claimed in connection with appointment as conservator of missing daughter who was later found drowned in river properly denied for failure to substantiate costs… Marks affirmed. [Read more…]
Med-mal, knee replacement, insufficient service
MEDICAL MALPRACTICE: Knee replacement surgeon properly dismissed for insufficient service after his Ch. 7 discharge, motion to add malpractice insurer as real party properly denied for failure to establish malpractice liability… Kutzman affirmed. [Read more…]
Mental commitment, hearsay of husband
MENTAL COMMITMENT supported by testimony other than hearsay of husband… McElyea affirmed. [Read more…]
Marital, disproportionate share to wife, un-pled fees
MARITAL: Wife properly awarded disproportionate share of property in light of husband’s greater earning potential and wife’s substantial contributions, wife properly awarded half the fees & costs husband paid to his attorney out of the estate despite wife not pleading them… Harris affirmed (memorandum). [Read more…]
DUI, stop based on license check showing suspended
DUI: Trooper properly stopped driver who passed him based on license check showing suspended license even though no poor driving… sufficient evidence of DUI despite no BAC evidence… discretionary fees properly imposed on Defendant who was uncooperative in disclosing finances… Hayworth affirmed (memorandum). [Read more…]
Untimely expert disclosures, construction defects
EXPERT DISCLOSURES: Construction defects Defendant’s experts excluded due to egregious failure to disclose after 8 amended scheduling orders… Halligan. [Read more…]
Manager liability, resort CO death/injury
MANAGER LIABILITY: Resort GM who planted CO detector in room after guests were poisoned dismissed pursuant to respondeat superior/corporate shield… statement to officers admitting planting admissible against resort as admission by party-opponent, deposition admission not admissible without further authority in support of him being resort’s “managing agent”… Ohman. [Read more…]
Drugs, “fair probability” that evidence would be found
DRUGS: Affidavit facts sufficient to establish “fair probability” that evidence of crime would be found at suspicious residence, motion to suppress meth properly denied… Watters affirmed (memorandum). [Read more…]
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