NEGLIGENCE: Alternative causation evidence improperly excluded in MVA trial, error compounded by Plaintiff taunting Defense for not presenting excluded evidence… $510,343.05 verdict reversed, remanded for new trial on causation/damages elements of pain/suffering and course of life… Dayton reversed (52-page Opinion). [Read more…]
Insurance bad faith, supervisory control of dismissal
INSURANCE BAD FAITH: Supervisory control denied as to Deschamps’s summary dismissal of bad-faith claims… order. [Read more…]
FELA, ARD defense verdict
FELA: ARD defense verdict affirmed over evidentiary, trial misconduct, discovery misconduct claims. . . Ulbricht affirmed. [Read more…]
FELA/spoliation, failure to preserve video
FELA/SPOLIATION: Default judgment for failure to preserve workplace video properly denied, but some meaningful sanction should be imposed in new trial of injury claim following defense verdict… Macek reversed. [Read more…]