ELECTRONIC SPOLIATION: Supervisory control of Reynolds granted reversing default judgment against MSU as spoliation sanction for failure to preserve emails related to student’s claim of sexual misconduct by professor. [Read more…]
Insurance, 3rd-party bad faith, recalled jury verdict
INSURANCE: 3rd-party bad faith claims stemming from 2009 MVA accrued from judgment on $15,000 verdict awarded by recalled jury that was affirmed by the 9th Circuit and USSC, properly dismissed as time-barred. . . Lovell affirmed (unpublished). [Read more…]
Naturopath malpractice, black salve, punitives
NATUROPATH MALPRACTICE: FDA warning against black salve as cancer cure properly excluded from non-cancer nose damage claim, naturopath allowed to testify as to standard of care despite non-expertise as to black salve, jury rejection of punitives while awarding $139,500 compensatory affirmed… J. Brown affirmed. [Read more…]
Jury, recall to correct verdict error, MVA
JURY: Federal judges have inherent power to recall a jury to correct verdict error, within limitations… jurors properly recalled following $0 verdict in light of $10,136 stipulated MVA damages ($15,000 verdict in subsequent deliberations)… Anderson/9th Circuit Court affirmed. [Read more…]
Medical malpractice, foot surgery, defense verdict
MEDICAL MALPRACTICE: Podiatrist properly precluded from testifying in suit against orthopedic surgeon relating to foot surgery which resulted in defense verdict… CPA claims properly dismissed as premised on professional negligence claims… H. Brown affirmed. [Read more…]
Statute of limitations, security guard injury
STATUTE OF LIMITATIONS properly applied by jury to bar security guard’s claim that neck injury resulted from altercation with trespasser… Seeley affirmed. [Read more…]
Defense verdict, med-mal, foot surgery
VERDICT: Defense, medical malpractice, claimed unnecessary foot surgery, prolonged orthotic boot. [Read more…]
Defense verdict, Federal Reserve officer’s injury
VERDICT: Defense, Fed security officer’s claimed neck injury from altercation with trespasser barred by statute of limitations… trial following Supreme Court ruling that fact issues as to when he learned of injury precluded summary judgment. [Read more…]
Negligence, auto/fire truck, defense verdict
NEGLIGENCE: Defense verdict in collision with fire truck affirmed… H. Brown affirmed (IOR I-3(d)). [Read more…]
Insurance, rescission, telephonic settlement
INSURANCE: Rescission of telephonic settlement agreement for pedestrian/auto injuries properly rejected on claim of mutual mistake of fact… Molloy affirmed (unpublished). [Read more…]