RULE 11 SANCTIONS sought by $1.1 million med-mal settlement Plaintiff against Defendants’ lawyers and insurers rejected on judgment on pleadings as collaterally estopped by J. Brown’s ruling that Defendants had legitimate grounds for unsuccessful attempt to rescind based on alleged fraud… Court shocked by brazen attempt of Plaintiff to [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…]
VERDICT: Defense, triples semi rollover, injured co-driver, fractured ribs/soft-tissue neck/hematoma.
VERDICT: Defense, triples semi rollover, injured co-driver, fractured ribs/soft-tissue neck/hematoma.
A Billings jury found that FedEx Ground was not negligent in connection with injuries sustained by David Long in a semi rollover 5/11/07.
Negligence, subsequent remedial, MVA, highway
NEGLIGENCE: Impeachment exception to Rule 407 narrowly interpreted to allow subsequent remedial measures if defendant [Read more…]
Defense verdict, store restroom slip & fall
VERDICT: Defense, store restroom slip & fall, hip/ back/neck. [Read more…]
Insurance, fuel truck MVA, helicopter policy
INSURANCE: Helicopter policy covered fuel truck crash under “arising out of the ownership, maintenance or use of the [Read more…]
Discovery, adverse inference sanctions
DISCOVERY: Adverse inference sanctions granted for Defendants’ failure to produce discovery as ordered in [Read more…]
Mistrial/sanctions, tire failure, OSI evidence
MISTRIAL/SANCTIONS: Auto sales Defendant’s motion for JMOL following mistrial of tire failure case (on motion of tire/auto manufacturers) for Plaintiff’s improper OSI evidence [Read more…]
Defense verdict, MVA settlement contribution
VERDICT: Defense, no contribution from MDT, construction company, engineering company, signage company in $1,046,189 settlement by truck owner with pregnant woman rear-ended in construction zone. [Read more…]
Insurance, comp exclusivity, corp by estoppel
INSURANCE: “Corporation by estoppel” properly not applied to avoid comp exclusivity as to injured garage door employee… CGL policy and endorsement do not provide coverage to company contracting with door company… whether agent received contract and knew it specified a [Read more…]