INSURANCE: Coverage by MMIA/GEM of $3 million verdict to developer for lost industrial park opportunity due to City’s wrongful takeover of property excluded as “financial gain” to which City not legally entitled… Seeley. [Read more…]
Disability/age/retaliation, summary judgment
DISABILITY/AGE/RETALIATION claims rejected on rare summary judgment… hearsay statements allegedly made by [Read more…]
Discovery, adverse inference sanctions
DISCOVERY: Adverse inference sanctions granted for Defendants’ failure to produce discovery as ordered in [Read more…]
Sex/retaliation, $108,003, “business” trip
SEX/RETALIATION: $108,003 for inappropriate contact with employee, including ripping top off, during “business” trip, discharging her in retaliation for complaining… Respondent [Read more…]
Age discrimination, inadmissible FIR sanction
AGE DISCRIMINATION: No direct evidence of discrimination against fired salesman, “motivating factor” instruction properly rejected… patently inadmissible no-cause FIR improperly admitted as “sanction” for failure to object in limine as ordered (first impression)… defense verdict reversed, remanded for new trial… Harkin affirmed, reversed. [Read more…]
Insurance, scaffold fall, defend/indemnify
INSURANCE: Subcontractor’s insurer had duty to defend general contractor as additional insured for subcontractor’s employee’s scissors lift fall, nondelegable duty under Scaffold Act not improperly delegated… indemnity provision not specific in intent to indemnify general contractor for liability for its own negligence, but subcontractor’s policy intended to cover general contractor for this type of incident, subcontractor’s insurer [Read more…]