ATTORNEY FEES: $19,950.25 fees/costs awarded Plaintiff for Defendants’ failure to produce requested financial information prior to summary judgment on punitives claims in UTV child death case, with deductions recommended by Plaintiffs’ expert and over objection by Defendants that if the law requires fees when punitives claim was subsequently dismissed then “the law is a ass.”… Gilbert. [Read more…]
Discovery sanctions, punitives financial information
DISCOVERY SANCTIONS: Attorney fees/costs awarded for failure to produce requested financial information prior to summary judgment on punitives claims in UTV child death case… fact issues preclude summary judgment on punitives as to 2 Defendants, granted as to 1… claim that distribution of Trust assets following death of Trustee was fraudulent transfer rejected… request that assets be held by Court pending resolution of case rejected… Gilbert. [Read more…]
$25,000, teacher’s mental distress, interactive process
MENTAL DISABILITY: $25,000 for mental distress from school district’s failure to timely engage in interactive process to manage & accommodate anxiety and PTSD relating to high school teacher’s child being sexually molested by a student… Administrative Decision, Chad Vanisko. [Read more…]
Discovery, ATV death Defendants’ financial information
DISCOVERY: Motion to compel Defendants’ financial information in discovery stage of ATV death case granted, with protective order governing who may access it… Gilbert. [Read more…]
Insurance, MVA policy limits without release for insured
INSURANCE: An insurer does not breach duty to insured when it pays policy limits to 3rd-party without release for insured when liability for MVA and total damages are reasonably clear… certified question answered for Molloy. [Read more…]
Insurance, auto liability stacking
INSURANCE: Summary judgment properly granted that 4 separate vehicle liability coverages are not stackable… Jones affirmed. [Read more…]
Sentencing/search/seizure, 3-strikes enhancement
SENTENCING/SEARCH & SEIZURE: Jury determination of prior convictions not required for 3-strikes enhancement… probable cause to seize binder & notebooks based on plain view of contents during 1st authorized search… homicide/robbery convictions and life without parole [Read more…]