VERDICT: $3,970,899.56, log falling from truck at mill, traumatic brain/back fractures/consortium, default judgment on liability by bankrupt Defendant… pretrial stipulation that claim would be “capped” at $2.5 million including cash and stock, increased stock value increases cap to verdict amount. [Read more…]
Insurance, church sex abuse, policy period
INSURANCE: No duty to defend/indemnity Diocese for alleged sex abuse which occurred prior to 1/1/77 under occurrence-based certificates or that occurred before 7/1/90 under claims-made certificates… unreasonable to require coverage for events that [Read more…]
Drugs, medical marijuana, federal prosecution
DRUGS: Motions to dismiss federal marijuana prosecution based on MMA denied… Christensen. [Read more…]
Defense verdict, nurse anesthetist malpractice
VERDICT: Defense, nurse anesthetist malpractice, claimed awareness during surgery, failure of hospital to refer to counseling following surgery, PTSD. [Read more…]
Attorney fees, I-164 proponents, vexatious
ATTORNEY FEES denied I-164 proponents in signature challenge defense under claim of vexatious litigation… independent [Read more…]
Initiatives, I-624 payday loans interest
INITIATIVES: I-624 to cap interest by payday, title, retail installment lenders modified by adding “consumer loan licensees” to statements of purpose and implication, other minor additions and style changes… no referral to district court… opinion & order. [Read more…]
Attempted tampering, alleged rape, fingers DNA
ATTEMPTED TAMPERING: Defendant did not make unambiguous request for counsel during interrogation despite several references to “lawyer,” suppression properly denied… [Read more…]
Procedure, treating physician testimony
PROCEDURE: Treating physician’s testimony not limited to his medical records… strained reading of Rule 26(a)(2)(B) and McCluskey rejected… Molloy. [Read more…]