WRONGFUL DEATH: Claims against trucking company and driver by PR of passenger killed when car lost control on rainy interstate and crossed median into path of truck exceeding speed limit 2-5 mph rejected on summary judgment… Molloy. [Read more…]
$4,985,000 interpleader, MVA death/injuries
SETTLEMENT: $4,985,000 interpleader disbursements to 1 death and 2 injury claimants from insurer of train crew transportation entity, snowplow pass head-on MVA. [Read more…]
Insurance, aircraft passenger liability stacking
INSURANCE: Estate of decedent airplane passenger not entitled to stack 3 aircraft liability policies… certified question answered for Christensen. [Read more…]
Class action, auto medical settlement, $600,000 fee
CLASS ACTION: Auto medical exclusion settlement properly approved following 2nd fairness hearing over claims of, inter alia, collusion as allegedly indicated by $600,000 flat fee for class counsel on submitted claims and 30% contingency on unsubmitted claims… Newman affirmed. [Read more…]
Judge substitution, remand from class appeal
JUDGE SUBSTITUTION: Unnamed class members, although successful in appeal of settlement approval, not “adverse party” for purposes of substitution on remand… Newman affirmed. [Read more…]
Class action, auto medicals exclusion settlement
CLASS ACTION: “Stymied” objectors to auto medical exclusion class action settlement erroneously denied discovery, remanded for discovery and another fairness hearing… Newman reversed. [Read more…]
Appellate mediation, sanctions, motion to dismiss
APPELLATE MEDIATION: Dismissal for failure of Appellants to appear at mediation rather than by counsel denied, MRAP 7(5)(h) [Read more…]
Conservatorship, CPA fiduciary duty/negligence
CONSERVATORSHIP: Expert not required to prove breach of fiduciary duty/negligence by CPA conservator because [Read more…]
Discovery, CHIP recipients, potential class action
DISCOVERY: Supervisory control of McCarter by mother of bicycle/auto decedent denied as to limiting discovery to CHIP recipients over last 6 months rather than to all insureds for whom BCBS paid health insurance benefits and received reimbursement for providers pursuant to liens [Read more…]
Petroleum release, statute of limitations
PETROLEUM RELEASE: All but 1 leak reimbursement claim barred by 8-year statute… McCarter. [Read more…]