MALICIOUS PROSECUTION claims improperly dismissed, abuse of process claims properly dismissed as untimely… Haddon reversed, affirmed (unpublished). [Read more…]
Unjust enrichment, co-Defendant Diocese liability
UNJUST ENRICHMENT: Claim that Diocese is separate from co-Defendant Indian school to be resolved on remand, rehearing denied… order. [Read more…]
Unjust enrichment, Indian school fundraising
UNJUST ENRICHMENT claims may arise from Indian school’s alleged failure to distribute equitable shares of funds to Tribe which it obtained by marketing plight/need of Tribe… forensic accounting cause supplanted by discovery rules… contract, negligent misrepresentation, fraud, conversion, cultural [Read more…]
Defense verdict, med-mal, breast cancer
VERDICT: Defense, medical malpractice, alleged mammogram misreading leading to double mastectomy. [Read more…]
Medical malpractice, child’s lack of development
MEDICAL MALPRACTICE: Liability as sanction properly denied as to alleged violation of pretrial rulings… proposed instruction barring mother’s conduct in relation to pediatrician’s failure to timely address lack of daughter’s development properly denied… new trial properly denied following defense verdict… Baugh affirmed. [Read more…]
Negligence, new school blinding trial, new evidence
NEGLIGENCE: New trial following defense verdict on gym student blinding warranted by new evidence as to teacher’s whereabouts… hearsay attorney affidavit admissible as trustworthy statement of court officer… fees/costs properly denied for defense counsel’s alleged [Read more…]