ATTORNEY-CLIENT/WORK PRODUCT: Employer may not withhold in bad faith action letter from comp insurer’s lawyer written prior to comp mediation, adjuster’s disclosure constitutes waiver of privilege… employer as disinterested 3rd-party precluded from participating in [Read more…]
$500,000 settlement, City Commission speaker
SETTLEMENT: $500,000, following ruling by Irigoin that citizen’s rights to assemble, speak, participate violated by City [Read more…]
Warrant of attachment, contempt, 11th-hour stay
WARRANT OF ATTACHMENT: Emergency 11th-hour motion for temporary stay of detention of attorney-designee of non-party in [Read more…]
Citizen participation, City Commission critic
CITIZEN PARTICIPATION: Critic’s rights to assemble, speak, participate violated by procedure that limited her to speak on [Read more…]
Legislation, veto power, governor standing
LEGISLATION: No restriction on Governor’s veto power when he chose to not sign rather than veto HB 676, lacks standing [Read more…]
Insurance, “Each Person” v. derivative
INSURANCE: “Each Person” limit covers direct damages for daughter’s physical injury and derivative damages for loss of father in MVA up to $50,000 under policy language, $100,000 [Read more…]
Lost industrial park opportunity, $3 million
LOST INDUSTRIAL PARK OPPORTUNITY: Claim for lost profits in City’s takeover of property not subject to $750,000 cap… discovery sanction that City liable to developer precluded [Read more…]
Insurance, derivative death/survivorship claims
INSURANCE: Daughter’s wrongful death/survivorship claims derivative from father’s auto death, limited by his “each person” limit regardless of whether she sustained her own bodily injury… claims for mental impairment resulting from loss of father must be separately supported in underlying case… H. Brown. [Read more…]
Medical malpractice, statute of limitations
MEDICAL MALPRACTICE claim untimely regardless of tolling by incomplete MMLP claim, out-of-state absence of doctor… Neill affirmed. [Read more…]