FTCA/INDIANS: Material fact issues preclude summary judgment as to discretionary function exception and contributory negligence of drivers of 2 vehicles involved in high-speed pursuit Reservation accidents… Morris. [Read more…]
Sanctions, unprepared 30(b)(6) deposition designee
SANCTIONS: Expenses/attorney fees/costs imposed against US for sending unprepared 30(b)(6) designee to deposition relating to shooting death by BIA officers… Watters. [Read more…]
FTCA, charred tree fall death/injuries on FS road
FTCA: Charred tree fall death & injuries on forest road barred by discretionary function exception… Molloy affirmed (memorandum). [Read more…]
FTCA, wildfire damages, discretionary function
FTCA: Claims that FS was required to consult landowners personally about Lolo Peak fire suppression activities on their properties but failed to do so and that it intended the suppression activities to cause damage properly held to be precluded by discretionary function exception… Molloy affirmed. [Read more…]
Quite Title Act statute of limitations, FS easement
Quiet Title Act: Challenge of public use of road across private land per FS easement properly dismissed based on statute of limitations… Christensen affirmed. [Read more…]
Medicare recovery of asbestos death settlements
MEDICARE: Challenge of DHHS’s ability to recover Medicare conditional payments from wrongful death asbestos-related settlements rejected… Molloy. [Read more…]
FELA/LIA/FRSA, $2,171,154.50 verdict rulings, fees
FELA/LIA/FRSA: $2,171,154.50 verdict for termination of conductor who claimed injury in fall from locomotive over RR’s contention that he falsified report of off-work injury upheld… $42,732.47 prejudgment interest added to $500,000 emotional distress award plus $657,107 attorney fees, $81,713.22 expenses, $233,993.70 expert fees, $23,308.94 taxed costs… Christensen. [Read more…]
Jail bond election challenge
JAIL BOND ELECTION: No subject jurisdiction over citizen challenge after claims were rejected by COPP and City Ethics board… Gilbert. [Read more…]
New trial following $13,684.18 MVA verdict
NEW TRIAL granted following $13,684.18 MVA verdict based on failure to supplement Defense expert’s disclosure to reflect opinion that Plaintiff had reached MMI within 6 weeks of MVA. . . Menahan. [Read more…]
$13,684.13 verdict, MVA, osteoarthritis/shoulder
VERDICT: $13,684.18 for wife’s osteoarthritis/shoulder impingement/capsulitis, 0 for husband’s consortium, admitted liability MVA… $18,000 advanced. [Read more…]