INSURANCE/JURISDICTION: Washington Federal Court declines jurisdiction over dec action brought by insurer which involves [Read more…]
Evidence, unwitnessed silo blowout injury
EVIDENCE: Report speculating on unwitnessed silo blowout which injured operator not admissible under business record hearsay [Read more…]
Discovery, hospital records, “Patient X”
DISCOVERY: Motion to compel granted, motion for protective order granted and denied, as to hospital report of “Patient X” who [Read more…]
Financial institution bond, participant banks
FINANCIAL INSTITUTION BOND: Participant banks did not present evidence that they or authorized rep had “actual [Read more…]
ERISA, pre-suit demand futility, preemption
ERISA: Employees’ failure to make pre-suit demand for action on ESOP or officers of Washington-based grocery should be analyzed as to whether demand would have been futile (per [Read more…]
Medical malpractice, anesthesia delay
MEDICAL MALPRACTICE: At least one anesthesiologist “immediately available” during emergency c-section that resulted in brain-damaged twin… claim of failure to deliver timely anesthesia properly rejected on summary judgment for failure to produce expert testimony of breach of [Read more…]
Summary judgment, expert materials “on file,”
SUMMARY JUDGMENT improperly granted to product liability Defendant without consideration of Plaintiff’s expert materials “on file” in response to separate motion to exclude witnesses… J. Brown reversed. [Read more…]
ERISA, employee derivative action, preemption
ERISA: Employees lack standing to bring derivative or double derivative action against Washington-based grocery under Washington law… state law claims against top officers following $575,000 policy-limits ESOP settlement preempted by ERISA… newly constituted company not [Read more…]