INSURANCE/PROCEDURE: Common law bad-faith claim barred by claim preclusion of Federal Court determination that only statutory claim pled under federal pleading rules and thus barred by 1-year statute, failure to amend to assert common law claim (with 3 year statute) defeats [Read more…]
Illegal execution, §1983 “color of state law”
ILLEGAL EXECUTION: Alleged misuse of state execution statute by law firm resulting in Sheriff facilitating attachment of property [Read more…]
Insurance, contract-required, comp exclusivity
INSURANCE: Policy provided to well driller pursuant to contract with operator covers wrongful death claim by PR of driller [Read more…]
Insurance, UIM exclusion amendment notice
INSURANCE: Owned vehicle UIM exclusion void as against public policy for lack of reasonable notice of amendatory endorsement [Read more…]
FDCPA, debt collector law firm, $311,000 verdict
FDCPA: Debt collection law firm’s bona fide error defense to prosecution of time-barred claim properly rejected on summary [Read more…]
Discovery sanctions, insurance bad faith, punitives
DISCOVERY SANCTIONS: Bad-faith Defendant precluded from §27-1-220(3) punitives limitation as sanction for untimely production of financial statements… settled after 1st day of [Read more…]
Attorney fees, insurance exception, conservatorship
ATTORNEY FEES: Insurance exception not applicable to fees sought where mother declined to be conservator to manage settlement for daughter injured in motorcycle accident… J. Brown affirmed (IOR I-3(d)(v)). [Read more…]
Appellate mediation, fees “monetary recovery”
APPELLATE MEDIATION applicable to appeal of J. Brown’s denial of attorney fees sought from insurer in action in which mother declined to serve as conservator to manage $25,000 settlement for minor daughter injured in motorcycle [Read more…]
Old county road, public access to State land
OLD COUNTY ROAD: Public access established to corner of State land via right-of-way to overgrown but not abandoned road… Deschamps affirmed. [Read more…]
$25,000 verdict, UTPA, malice, punitives reserved
VERDICT: $25,000, malice, UTPA, medicals claims handling… punitives amount to be determined in later trial following discovery into statutory bases for punitives. [Read more…]