FIRST REFUSAL: Challenge to use of RFR by Hotel dismissed for lack of subject jurisdiction with leave to amend to cure defective allegations as to standing… Cavan. [Read more…]
Defense verdict, chiropractic malpractice, neck
VERDICT: Defense, chiropractic malpractice, neck. [Read more…]
Comp bad faith, discovery/sanctions rulings
COMP BAD FAITH: Supervisory control of Best denied as to “discretionary” discovery/sanctions rulings involving “disputed issues of fact” in suit against insurer and adjuster… Order. [Read more…]
Restrictive covenants, barriers to building
RESTRICTIVE COVENANTS: Myriad claims stemming from challenge to barriers to building in subdivision properly dismissed… DeSoto/Morris affirmed (memorandum). [Read more…]
Chiropractic malpractice, defense verdict affirmed
CHIROPRACTIC MALPRACTICE: Defense verdict affirmed over challenges to standard of care, habits & routine practice, perpetuated expert testimony responding to new theory, alternative cause evidence, impeachment by Panel application… McMahon affirmed. [Read more…]
Class action, “impact fees” consent decree remainder
CLASS ACTION: Disposition of $227,000 remaining from $5 million consent decree requiring refunds to parties who had paid City “impact fees” properly resolved. . . Cybulski affirmed. [Read more…]
Supervisory control, hospital peer review data privilege
SUPERVISORY CONTROL of J. Brown denied as to admission of hospital Medical Executive Committee correspondence vis-à-vis peer review data privilege (order). [Read more…]
Product liability, finger nail product, verdict
PRODUCT LIABILITY: Confusing safety board’s conclusion that finger nail product “safe as used, when skin contact is avoided” improperly admitted, compounded by refusing to let nail technician counter on cross and instruct that it was foreseeable to seller that [Read more…]
Insurance, CGL, claim of deceptive job inducement
INSURANCE: Claim that insured induced Plaintiff to switch jobs with false hope of eventual ownership of insurance agency, resulting in emotional distress, not covered by CGL policy [Read more…]