INCEST: Provisions for 6-year-old witness to testify via audio-visual constitutional, properly applied… 4-year-old properly [Read more…]
Sentencing, infant assault, refusal to admit guilt
SENTENCING: Sentence for assault of infant not enhanced for refusal to admit guilt… Langton affirmed. [Read more…]
Insurance, UIM exclusion amendment notice
INSURANCE: Owned vehicle UIM exclusion void as against public policy for lack of reasonable notice of amendatory endorsement [Read more…]
Last injurious exposure, same type/kind of jobs
Respondent not liable under “last injurious exposure rule” where Claimant worked “same type and kind” of jobs concurrently until [Read more…]
IME, conflict of interest
IME not precluded by work relationship with industrial hygienist at CO Claimant’s workplace… Shea. [Read more…]
Settlements
Plan I
Theodore Main, low back (fatal), 9/95, $140,000, Kenneth Thomas [Read more…]
FLSA, $149,594, 16 gas/electric operators
FLSA: $74,796.95 unpaid overtime premium for 16 NWE electric & gas transmission operators for 15-minute “shift-turnover” time for 2-3 years, same amount in liquidated [Read more…]
Insurance, fraudulent application, insurer verdict
INSURANCE: Fact issues as to whether applicant misrepresented apartment house as single-family precluded estopping insurer [Read more…]
Default, judgment against mortgage company
DEFAULT judgment against mortgage company set-aside properly denied… no attorney fees under indenture which [Read more…]
Foreclosure, compulsory counterclaim
FORECLOSURE: Mobile home park seller not required to assert nonjudicial foreclosure as counterclaim in prior negligent [Read more…]
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