DISCOVERY: Investigative report and email relating to surveillance of MVA Plaintiff prepared for Defendants’ insurer discoverable under Rule 26(b)(1)… other requested documents not relevant to claims or defenses… Johnston. [Read more…]
Expert disclosure, adequate only for fact witness
EXPERT DISCLOSURE: Inadequate disclosure precludes expert testimony at trial, but she is permitted to testify as a fact witness… Molloy. [Read more…]
Marketing/sales agreement, JML
MARKETING/SALES AGREEMENT: JML improperly granted mid-trial on breach of contract by erroneous interpretation that Agreement lacked minimum purchase term and was modified by performance. . . spoliation sanctions properly denied. . . 2nd deposition of a witness properly conditioned on payment of attorney fees. . . no evidence of judicial bias, but Haddon might consider recusal on remand. . . Haddon reversed, affirmed (memorandum). [Read more…]
Insurance, 3rd-party bad faith, recalled jury verdict
INSURANCE: 3rd-party bad faith claims stemming from 2009 MVA accrued from judgment on $15,000 verdict awarded by recalled jury that was affirmed by the 9th Circuit and USSC, properly dismissed as time-barred. . . Lovell affirmed (unpublished). [Read more…]
Insurance, PL, prospective firefighter stroke
INSURANCE: Professional Liability Policy construed to cover massive stroke by prospective firefighter following physical ability test… Kutzman. [Read more…]
Supervisory control, superseding cause, bus rollover
SUPERVISORY CONTROL denied as to Dayton’s refusal to preclude superseding cause in bus deer-strike rollover after finding negligence per se and that bus operator is “a” cause in fact of injuries… order. [Read more…]