CLASS CERTIFICATION properly granted in soil settlement suit against subdivision developers… Souza affirmed. [Read more…]
Student travel, COVID disruption refunds
STUDENT TRAVEL: Claims of breach of contract for failing to provide full refunds for trips that were disrupted by COVID properly rejected on summary judgment… Cavan/Watters affirmed (memorandum). [Read more…]
Insurance, UTV crash, $1.6 million consent judgment
INSURANCE: Insurer failed to unequivocally demonstrate that UTV was not designed for operation principally on public roads and could never be a Covered Auto, now liable for $1.6 million consent judgment plus interest and attorney fees for failure to defend rollover injury claim rather than only $25,000 policy limit it would have risked had it filed declaratory action… Watters. [Read more…]
Class certification, subdivision “bad dirt”
CLASS CERTIFICATION granted in subdivision “bad dirt” suit against developers… $3,440,000 settlement with engineers… Souza, Todd. [Read more…]
$1,344,214.79 default judgment, horse bucking injuries
DEFAULT: $1,344,214.79 Default Judgment not set aside as registered agent was aware of contents of Complaint and Summons and no explanation for failure of Defendant to timely respond… Ohman. [Read more…]
Student travel COVID disruption claims
STUDENT TRAVEL breach of contract claims related to COVID disruptions rejected on summary judgment… class certification denied… Cavan/Watters. [Read more…]
Nursing home malpractice, COVID-based death claims
NURSING HOME MALPRACTICE: Nursing home not immune from COVID-based claims of estates of deceased patients under Public Readiness & Emergency Preparedness Act, motion to dismiss denied… Cavan/Watters. [Read more…]
$2,850,000 settlement, Chamber Choices class action
SETTLEMENT: $2,850,000 settlement of Chamber Choices litigation including $950,000 fees for Class Counsel approved… Halligan. [Read more…]
Elections, student ID, no same-day registration
ELECTIONS: SB 169 (student ID insufficient to vote) and HB 176 (no election day registration) properly preliminarily enjoined… Moses affirmed. [Read more…]
Officer sexual assault, course & scope, FTCA
OFFICER SEXUAL ASSAULT: Law enforcement officers do not as matter of law act outside scope of employment when they use their authority to sexually assault a person they are investigating, question is for trier of fact… answer to 9th Circuit certified question on appeal from Watters’s conclusion that BIA officer who assaulted tribal member was not in course & scope in FTCA case. [Read more…]
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