SPOLIATION: Defendants in body shop fire death who destroyed or failed to object to destruction of evidence to be sanctioned with adverse instruction and preclusion of contributory. . . Halligan. [Read more…]
Comp exclusivity, NIED/punitives, decedent’s son
COMP EXCLUSIVITY: Substantive due process challenge by burn decedent’s son claiming NIED and punitives from employer rejected over argument of lack of 3rd-party quid pro quo… Halligan. [Read more…]
Defense verdict, track worker retaliation
VERDICT: Defense, FRSA, retaliation claim by track worker dismissed for safety incidents and then reinstated. [Read more…]
Escrow malpractice, unauthorized payoff
ESCROW MALPRACTICE: Bank breached fiduciary duty and contract by “scheme” to lend farm buyers $693,214 in order to make unauthorized withdrawal of $176,000 from seller’s savings account and unauthorized payoff of contract for deed to original seller resulting in loss of interest payments to subsequent seller, to benefit bank as lender… tortious breach of implied covenant of good faith fails as farm sale had profit motive… damages trial set… Boucher. [Read more…]
Statute of limitations, radiologists/hospital
STATUTE OF LIMITATIONS improperly decided on pleadings radiologists dispute… Reynolds reversed. [Read more…]
Online travel companies, taxes
ONLINE TRAVEL COMPANIES not obligated to collect & remit taxes on OTC fees under the Lodging Facility Use Tax, are required to do so under the Sales Tax on accommodations, campgrounds, rental vehicles… decision applied retroactively to when DOR sued… Seeley affirmed, reversed. [Read more…]
Online travel companies, taxes
ONLINE TRAVEL COMPANIES not obligated to collect & remit taxes on OTC fees under the Lodging Facility Use Tax, are required to do so under the Sales Tax on accommodations, campgrounds, rental vehicles… decision applied retroactively to when DOR sued… Seeley affirmed, reversed. [Read more…]
$16,769,000 punitives review, $7,591,302 fees/costs
PUNITIVES REVIEW: $16,760,000 punitives upheld on top of $286,550 compensatory verdict for bank’s wrongful set off/breach of contract with logging company… punitives cap unconstitutional… $7,500,482 fees based on 44% contingency, $90,820 costs… McLean. [Read more…]
Lending breach, $17,286,500 verdict, supervisory
LENDING BREACH: Bank’s request for supervisory control of McLean denied as to “conditional” judgment following $17,286,500 verdict… order. [Read more…]
$4,321,814 verdict, train collision, lumbar
VERDICT: $4,321,814, FELA, train collision due to switch error, lumbar annular tear, psychological… summary judgment on RR’s liability and striking RR’s contributory negligence defense. [Read more…]