MEDICAL MALPRACTICE: Defendant’s summary judgment motion improperly addressed (and granted) before Plaintiffs’ motion to amend to add claim for lack of informed consent as to alternatives to surgery for PTC based on neurosurgeon’s [Read more…]
Judgment exemptions, stimulus, household account
JUDGMENT EXEMPTIONS: “Moneys” in “household checking account” not exempt “goods,” $300 stimulus properly seized along with $75 overdraft charges resulting from seizure ($154 SSD funds improperly seized, returned after Justice Court [Read more…]
Comp exclusivity, inference, CO exposure
COMP EXCLUSIVITY: Deliberate & intentional conduct may be inferred from allegations that employer knew employee was being harmed, failed to warn, intentionally continued to [Read more…]
Insurance, single vehicle, UIM, procurement
INSURANCE: Parents injured in their vehicle driven by daughter properly precluded from UIM from parents’ and daughters’ policies… exclusion not illusory because, while UIM unavailable for single-car crashes involving only insured’s [Read more…]
Probate, divorcee’s trust, automatic revocation
PROBATE: §72-2-814(2)(a)(i) automatically revoked ex-wife’s pour-over living trust that had named former husband’s children as devisees… declaratory judgment proper without [Read more…]
Supervisory control, fault, lacrosse blinding retrial
SUPERVISORY CONTROL of Fagg denied as to comparative fault of Plaintiff and non-party and CPA in school lacrosse stick blinding retrial… order. [Read more…]
Supervisory control, commercial charge/usury
SUPERVISORY CONTROL of Macek denied as to whether commercial charge agreement subject to usury law… order. [Read more…]
Bankruptcy, fraudulent schedules, counsel advice
BANKRUPTCY: Debtor knowingly/fraudulently made many false oaths on Schedules/SOFA relating to material facts in complex scheme stemming from mega-house construction agreement… fraudulent transfer of other house properly [Read more…]
Settlements
FELA, repetitive motion, defense verdict, new trial
FELA: Evidence of previous verdicts in which repetitive motion claims were rejected (without informing jury 1 million+ awarded on other claims) resulted in unfair trial, new trial [Read more…]
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