CLASS ACTION: Summary judgment for insurer in class action alleging failure to advance pay medical and wages vacated and remanded for whether CAFA’s $5 million jurisdiction amount is satisfied, a question raised sua sponte by the Panel… DeSoto/Morris reversed. [Read more…]
Insurance, med-pay advance absent explicit request
INSURANCE: Insurer had no obligation under UTPA to advance-pay 3rd-party medical bills absent explicit request, demand, or claim, also had reasonable basis for not making advance payments… common law bad faith claim time-barred… DeSoto’s 56(a) ruling not precluded by Lynch’s prior 12(b)(6) ruling… DeSoto/Morris. [Read more…]
Patronizing prostitution, privacy in texts to sting agent
PATRONIZING PROSTITUTION: No reasonable expectation of privacy in texts sent to federal agent in response to internet sting ad… Rienne McElyea affirmed. [Read more…]
Attorney fees, $511,463 v. $3,610,386 requested, class
ATTORNEY FEES: $511,463.40 properly awarded to 2 Class Counsel following settlement of University System employee benefits class action, over requested $3,610,386… Plaintiffs entitled to post-judgment interest despite refusing to accept pending appeal… R. McElyea affirmed. [Read more…]
Insurance, med-pay/UIM, “other insurance”
INSURANCE: Med-pay/UIM “other insurance” clauses valid, not violative of “made whole” as de facto subrogation… J. Brown affirmed. [Read more…]
Evidence, “reverse 404(b) evidence,” sex crimes
EVIDENCE: No supervisory control of Salvagni as to denial of “reverse 404(b)” evidence to show that grandfather was [Read more…]
Discovery, “IME with contrast,” seizure disorder
DISCOVERY: Order by H. Brown allowing “IME with contrast” to determine whether seizure disorder may be attributable to non- [Read more…]