PSC improperly issued “data requests” to opponents of waste disposal application. . . staff attorney appointed to resolve discovery disputes improperly engaged in ex parte communications with applicant. . . PSC ordered to appoint independent hearing examiner to hear application. . . Reynolds. [Read more…]
PSC data requests, waste disposal application
PSC acting outside authority in engaging in discovery in waste disposal application by submitting data requests to opponents. . . TRO issued. . . Reynolds. [Read more…]
Road easement, “farm house,” after-acquired property
ROAD EASEMENT: Fact issues preclude summary judgment that easement encompasses a “farm house”. . . properly found to not provide access to after-acquired property. . . Jones reversed, affirmed. [Read more…]
Medical records privacy, comp surveillance video
MEDICAL RECORDS PRIVACY: Letter from doctor to MSF expressing concern about surveillance video was authorized communication, not breach of privacy or physician/patient, not knowingly assisting in fraud prosecution… claims against doctor properly dismissed on summary judgment… Fagg affirmed. [Read more…]
Medical records privacy, surveillance concerns
MEDICAL RECORDS PRIVACY: Letter from physician to MSF expressing concern about surveillance video undermining what he was led to believe falls under authorized communication, not breach of privacy or physician/patient, not knowingly assisting in prosecution, claims against doctor dismissed on summary [Read more…]
Verdict, med-mal, TTP death, loss of chance
VERDICT: $282,000 or $187,500 net against hospital (depending on how 15% loss of chance is applied to non-economic damages cap), defense as to doctor, TTP death. [Read more…]
Continuing tort, RR contamination, certified
CONTINUING TORT: Contamination that has stabilized as to quantity or concentration but continues to migrate will toll statute until harm no longer reasonably can be abated… certified question from Cebull. [Read more…]
Elections, independent corporate expenditures
ELECTIONS: Constitutionality of 1912 initiative prohibiting independent corporate campaign expenditures upheld, [Read more…]
Work comp privacy, criminal justice information
WORK COMP PRIVACY: Declaratory/injunctive relief/supervisory control of 1st Dist. judges as to ex parte dissemination [Read more…]
Marital/retaliation, casino employee
MARITAL/RETALIATION claims by casino employee rejected… Terry Spear. [Read more…]