CONSORTIUM by adult child of injured parent recognized… certified questions answered for Christensen. [Read more…]
$2.1 million settlement, PERS withholding
SETTLEMENT: $2.1 million, withholding of PERS contributions for 16 mental health center employees despite 1999 law precluding eligibility. [Read more…]
$3,970,900 verdict, log falling from truck at mill
VERDICT: $3,970,899.56, log falling from truck at mill, traumatic brain/back fractures/consortium, default judgment on liability by bankrupt Defendant… pretrial stipulation that claim would be “capped” at $2.5 million including cash and stock, increased stock value increases cap to verdict amount. [Read more…]
Class action, State benefits plan, “experimental”
CLASS CERTIFICATION: Class of all State employee benefits plan participants/beneficiaries who were denied benefits based on “experimental for research” exclusion properly certified, but whether State breached its contract fails 23(b)(3) predominance because individual assessments needed… remanded for [Read more…]
State Employee Group Benefit Plan, class action
STATE EMPLOYEES BENEFIT PLAN is a contract between State and employees, preauthorization for disk replacement for teen improperly denied based on “experimental for [Read more…]
Book fraud, fiction v. non-fiction
BOOK FRAUD: RICO claims that purported nonfiction books (Three Cups of Tea, Stones Into Schools) about humanitarian efforts in Pakistan are actually fiction and part of scheme to defraud purchasers implausible… fraud/ deceit claims implausible for lack of reliance on some particular statement by Defendants outside text of books… contract/implied [Read more…]
Implied covenant, agency v. contract
IMPLIED COVENANT: Supervisory control of Neill as to ruling that breach of implied covenant may be based on agency theory denied… order. [Read more…]
Special master, reversal of discovery findings
SPECIAL MASTER: Supervisory control/stay denied as to RR’s objections to Sandefur’s reversal of special master’s FELA [Read more…]
Order of protection, harassment
ORDER OF PROTECTION properly entered forbidding harassing… McKittrick affirmed (IOR I-3(c). [Read more…]
Appellate mediation, stalking v. domestic relations
APPELLATE MEDIATION: Permanent order of protection in stalking case not domestic relations matter, not subject to mandatory mediation… order. [Read more…]