DEFAMATION claims relating to letter to insurance agent’s clients erroneously stating that he was no longer appointed to represent insurer rejected on summary judgment for failure to show special damages for defamation or that the letter was defamation per se… Molloy. [Read more…]
Injunction, cattle breeding dispute
INJUNCTION: Permanent injunction in cattle breeding dispute improperly issued before trial. . . remanded for findings & conclusions on request for preliminary injunction. . . Larson reversed (IOR I-3(c)). [Read more…]
$250,000 settlement, pregnancy discrimination
SETTLEMENT: $250,000, pregnancy discrimination. [Read more…]
§1983, drug defendant suicide
§1983 claims against Detective in drug defendant suicide survive summary judgment… objections to Erickson’s recommendations sustained, denied… Christensen. [Read more…]
Negligence, wildfire backfire, $730,000 verdict
NEGLIGENCE: Plaintiffs’ trial brief statement that State made “reasonable and necessary” decision in direction of backfire was in context of inverse condemnation, not judicial admission of fact as to negligence, promptly “corrected”… public duty defense properly stricken as prejudicial due to late assertion… challenge to lack of expert as to wildfire suppression standard waived by [Read more…]
Insurance, “junk health insurance,” fraud/RICO
INSURANCE: Dissolved Tennessee “junk health insurance” entity has capacity to be sued on theory of successor liability… fraud, constructive fraud, RICO claims sufficiently pled, punitives may be appropriate… most claims not time-barred… personal [Read more…]
$730,000 verdict, ranch burned in Ryan Gulch Fire
VERDICT: $730,000, ranch burned in Ryan Gulch Fire, claimed backfiring negligence. [Read more…]
Negligence, erroneous autopsy conclusion
NEGLIGENCE: No special relationship between Plaintiff and medical examiner that would create exception to public duty [Read more…]
Service, FELA, equitable tolling
SERVICE: Equitable tolling denied for FELA complaint where 7 years elapsed between injury and service on 2nd complaint after [Read more…]
Railroads, shortline arbitration, voluntary dismissal
RAILROADS: Arbitration award in shortline dispute properly confirmed… Rule 41(a)(2) voluntary dismissal properly denied… [Read more…]