MARITAL: Set-aside of settlement agreement entered into by incarcerated husband’s POA properly denied… Manley affirmed (IOR I-3(c)). [Read more…]
Knee replacement liability
Insurer not liable for knee replacement… Sandler. [Read more…]
Amendment to add party/reimbursement issue
Leave granted to add MSF as party and add issue of UEF’s claim for reimbursement, over UEF’s objection that amendments time-barred, do not relate back to original pleading, claim not re-mediated each time UEF [Read more…]
Work comp, rescission burden, misdiagnosis
WORK COMP: Incorrect burden in denying petition to rescind settlements… reliance on misdiagnosis can suffice for mutual [Read more…]
Defense verdict, pedestrian/auto, $52,000 settlement
VERDICT: Defense (95/5), pedestrian/auto, head/ neck/ribs/pelvis… $52,000 settlement from State and City. [Read more…]
Medical settlement re-open, mutual mistake of fact
No mutual mistake as to medical condition at time of settlements, re-open denied… Shea. [Read more…]
Statute of limitations, equitable tolling
STATUTE OF LIMITATIONS: Equitable tolling appropriate for suit over Reservation MVA between member and non-member filed first in Tribal Court, then filed in District Court more than 3 years after MVA out of concern for jurisdictional challenge… information outside complaint about [Read more…]