PROPERTY SETTLEMENT properly enforced by specific performance and equitable conversion after house burned prior to closing which had been delayed as tactic to force sale for less than appraisal… Davies affirmed. [Read more…]
Insurance, defense of CPA against defamation
INSURANCE: Insurers correctly found to have no duty to defend CPA against claims stemming from participation in allegedly baseless 2012 suit… Vannatta affirmed. [Read more…]
Insurance, records format for data transfer
INSURANCE: Writ of prohibition against Insurance Commissioner’s enforcement action properly denied in records format dispute between comp insurers… Abbott affirmed. [Read more…]
Class action, CAFA $5 million jurisdiction amount
CLASS ACTION: Summary judgment for insurer in class action alleging failure to advance pay medical and wages vacated and remanded for whether CAFA’s $5 million jurisdiction amount is satisfied, a question raised sua sponte by the Panel… DeSoto/Morris reversed. [Read more…]
Insurance, destroyed tank wash building
INSURANCE: Summary judgment that CGL policy purchased for premises containing office, warehouse, and shop space does not cover subsequently constructed tank wash building that was destroyed by fire affirmed… Watters affirmed (memorandum). [Read more…]
ADA, depression/anxiety accommodation
ADA: Claim of failure to accommodate depression & anxiety by transfer to position with limited or no contact with a co-worker properly rejected… DeSoto affirmed (memorandum). [Read more…]
Settlements
Plan I
Lisa Ruff, shoulder(s), 10/17, PT, $179,641.20, med reserved, Matthew Murphy [Read more…]
Adverse possession, action in equity, no jury right
ADVERSE POSSESSION: Action to quiet title is an action in equity and does not mandate right to a jury trial… Recht affirmed (memorandum). [Read more…]
Vexatious litigant, denied opportunity to be heard
VEXATIOUS LITIGANT: 4th groundless child support action properly dismissed but Plaintiff improperly denied opportunity to be heard before being subjected to filing restrictions… Eddy affirmed, reversed (memorandum). [Read more…]
Resisting arrest, no presence at jury queries as to “arrest”
RESISTING ARREST: Conviction reversed for Judge’s failure to consult with Defendant and counsel as to jury’s queries as to definition and timing of “arrest” before replying that it should apply the instructions as given… McMahon reversed. [Read more…]
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