VERDICT: Defense, $60,000 damages but $85,844 threshold UIM, rear-end MVA, neck/shoulder/knee. [Read more…]
Bankruptcy, Barton permission to sue UCC chair
BANKRUPTCY: Barton doctrine requiring permission to sue in District Court applies to UCC members in official capacities… pre-petition tort/contract/fraud claims against UCC chairman (Debtor’s former attorney) do not require Barton permission… Barton motion properly denied as to post-petition claims… UCC chairman not entitled to judicial immunity as to all actions as chairman, remanded for consideration of immunity for post-petition claims… Molloy/Haddon/Kirscher affirmed, reversed. [Read more…]
Easement, prescriptive v. express, prelim injunction
EASEMENT: Preliminary injunction properly granted on prescriptive easement theory (does not preclude express public easement theory), but improperly limited to passenger vehicles… Reynolds affirmed, reversed. [Read more…]
Sex discrimination, prior bad acts on direct
SEX DISCRIMINATION: HO abused discretion by failing to hold employer to scheduling order, allowing improperly disclosed witnesses, permitting witnesses on direct to provide irrelevant prior bad acts evidence as to how co-Petitioner treated women and improperly relied on such testimony in finding that his alleged poor moral character reflects upon his and co-Petitioner girlfriend’s credibility… HRC reversed, remanded for new hearing before new HO… Cooney. [Read more…]
Petition filed prior to mediator’s report
Petition filed prior to mediator’s report dismissed for failure to show that mediator failed to comply with deadline where parties agreed to postpone report to submit supplemental information… Sandler. [Read more…]
Defense verdict, med-mal, swine flu death
VERDICT: Defense, med-mal, swine flu death. [Read more…]
New trial, Defense MVA photos misrepresentation
NEW TRIAL: Misrepresentation of damage photos (MVA v. later bird crash) deprived Plaintiff of fair trial… $3,655 verdict in admitted liability rear-ender reversed, remanded for new trial… Reynolds reversed. [Read more…]
Insurance, settlement release, UIM insurer prejudice
INSURANCE: Tortfeasor has sufficient assets that Plaintiff’s settlement release prejudiced her UIM insurer, precluding UIM recovery… Sherlock. [Read more…]
$3,655 verdict, rear-end MVA, low back
VERDICT: $3,655, admitted liability rear-end MVA, low back. [Read more…]
Property, lis, successor trust, contract
PROPERTY: Individual properly dismissed from Yellowstone Mountain Club litigation for lack of personal interest in property, title to lots correctly held to be knowingly taken subject to lis, successor trust not judicially estopped from asserting claims [Read more…]