PRISONER: Challenge to MSP’s group cognitive behavioral therapy rules properly rejected on summary judgment… Molloy affirmed (memorandum). [Read more…]
LLC/contract, winding up, gravel pit sublease, standing
LLC/CONTRACT: LLC lacked standing to sue over gravel pit sublease because 6 years exceeded reasonable time to wind up, new entity with same name created during litigation did not revive original… sole member lacked standing to sue in individual capacity as he was not a party or 3rd-party beneficiary to the disputed contract… tort claims relating to failure to pay royalties or reclaim site to minimize tax exposure properly dismissed for failure to show duty of care distinct from contract… Best affirmed. [Read more…]
Work comp, psychiatric IME, anxiety/insomnia
WORK COMP: §605 psychiatric exam properly denied because nothing suggests that anxiety/insomnia complaints are causally related to accepted leg claim (although Rule 35 “good cause” incorrectly imputed to §605 “relevant”/”appropriate”)… insurer not obligated to pay for exam/treatment of anxiety/insomnia before obtaining a §605 exam… Sandler affirmed (other grounds), reversed. [Read more…]