LENDING BREACH: Bank wrongfully swept stimulus funds from checking account and offset line of credit with those funds before debt matured, unilaterally changed revolving line of credit to non-revolving, allegedly causing company’s demise… Plaintiff entitled [Read more…]
Attorney-client, work product, comp bad faith
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…]
Tobacco settlement, stay of dec action, diligence
TOBACCO SETTLEMENT: Stay of dec action to determine if State diligently enforcing qualifying statute pending nationwide [Read more…]
Defense verdict, conductor mental, train crash
VERDICT: Defense, FELA, conductor’s claimed mental condition from train collision. [Read more…]
Evidence, lag in conceding liability, damages phase
EVIDENCE: Plaintiff allowed to present limited evidence of lag in conceding liability in train collision, other liability evidence in [Read more…]
Service, FELA, equitable tolling
SERVICE: Equitable tolling denied for FELA complaint where 7 years elapsed between injury and service on 2nd complaint after [Read more…]
Discovery, adverse inference sanctions
DISCOVERY: Adverse inference sanctions granted for Defendants’ failure to produce discovery as ordered in [Read more…]
Verdict, defense, med-mal, epidural injection
VERDICT: Defense, medical malpractice, claimed CRPS in arms resulting from epidural injection. [Read more…]
Insurance, UIM consent judgment, death
INSURANCE: UIM insurer had opportunity to participate in settlement negotiations, notice of proposed consent judgment, documentary evidence to support amount, attempt to void death judgment and demand jury trial on damages [Read more…]
Dram shop, 180-day notice, rehearing petition
DRAM SHOP: Rehearing denied on upholding 180-day notice for suing bars… order. [Read more…]