INSURANCE BAD FAITH: Supervisory control denied as to Deschamps’s summary dismissal of bad-faith claims… order. [Read more…]
FELA, ARD defense verdict
FELA: ARD defense verdict affirmed over evidentiary, trial misconduct, discovery misconduct claims. . . Ulbricht affirmed. [Read more…]
Insurance bad faith, discovery rulings
INSURANCE BAD FAITH: Discovery compelled in part, denied in part. . . document “dump” prohibited, must be searchable and indexed, no “confusing and evasive” responses to broader requests. . . Plaintiff awarded 1/2 fees/costs incurred on motion. . . Molloy. [Read more…]
FELA verdict, eye, shattered safety glasses
VERDICT: Jury found $650,000 damages for eye injury from shattered safety glasses in RR shop, deducted $50,000 for failure to mitigate, found 50/50 negligence… Plaintiff seeks to eliminate contributory on basis that evidence proved RR violated safety statutes… RR seeks $96,553 offsets for wage loss/disability benefits, which it asserts would mean $203,447 net to Plaintiff. [Read more…]
FELA, cumulative trauma, defense verdict
FELA: Jury improperly instructed on statute of limitations in cumulative trauma case (when injury was discovered correctly held to be fact question for jury)… disparagement of case on cross and in closing as get-rich scheme by unscrupulous attorneys, dishonest co-workers, mercenary doctors requires new trial following defense verdict… Neill reversed, affirmed. [Read more…]
FELA, cumulative trauma, defense verdict
FELA: Jury improperly instructed on statute of limitations in cumulative trauma case (when injury was discovered correctly held to be fact question for jury)… disparagement of case on cross and in closing as get-rich scheme by unscrupulous attorneys, dishonest co-workers, mercenary doctors requires new trial following defense verdict… Neill reversed, affirmed. [Read more…]
FELA/spoliation, failure to preserve video
FELA/SPOLIATION: Default judgment for failure to preserve workplace video properly denied, but some meaningful sanction should be imposed in new trial of injury claim following defense verdict… Macek reversed. [Read more…]
$400,000 verdict, FELA, back herniation
VERDICT: $400,000, FELA, carman, claimed low-back herniation from working on brakes around icy berm… defense verdict as to cumulative trauma. [Read more…]
Appeal procedure, notice, multiple pending motions
APPEAL PROCEDURE: When multiple motions which toll appeal time are pending, party need not file notice of appeal when 1st motion is disposed of and 2nd notice after subsequent motion is disposed of… order. [Read more…]
Drug label/information negligence, Zometa
DRUG LABEL/INFORMATION NEGLIGENCE: Cross-jurisdictional class action tolling rule adopted, suit against maker of cancer [Read more…]