INSURANCE: Claim that insurer has duty to provide policy to 3rd-party claimant when insured’s liability is reasonably clear not rendered moot by insured providing the policy after suit filed… insurer failed to show inapplicability of voluntary cessation exception by showing its conduct will not recur… Rienne McElyea reversed. [Read more…]
Sexual assault, tort v. sex discrimination
SEXUAL ASSAULT claims by restaurant employees sound in tort under gravamen analysis, properly filed directly in District Court along with negligence, negligent hiring/retention/entrustment, and constructive discharge, despite HRB dismissals of sex discrimination claims as untimely under HRA… Moses. [Read more…]
Officer shooting death, defense verdict
OFFICER SHOOTING DEATH: Defense verdict in “suicide by officer” case affirmed… Dayton affirmed. [Read more…]
Legal malpractice/insurance, potential claims disclosure
LEGAL MALPRACTICE/INSURANCE: Rehearing denied as to ruling that coverage of $2,083,171 default and $9,157.50 discovery sanctions were properly excluded as to Firm and 2 members not involved in default or sanctions since the member who was involved did not disclose potential claims at inception of policy… order. [Read more…]
Legal malpractice/insurance, $2,083,171 default
LEGAL MALPRACTICE/INSURANCE: Coverage of $2,083,171 default and $9,157.50 discovery sanctions properly excluded as to Firm and 2 members not involved in default or sanctions since the member who was involved did not disclose potential claims at inception of policy… Menahan affirmed. [Read more…]
Defense verdict, head-on MVA death/injuries
VERDICT: Defense, head-on MVA death/injuries, dispute as to which vehicle crossed centerline… settlement with vehicle rental firm as to defective tires claim. [Read more…]
Insurance, pre-demand disclosure of policy limits
INSURANCE: Pedestrian’s request for ruling on auto insurer’s refusal to provide pre-demand copy of policy or disclose policy limits denied as moot after insured driver provided policy… Rienne McElyea. [Read more…]
Discovery, vehicle rental company 30(b)(6) designees
DISCOVERY: Vehicle rental company compelled to produce thoroughly educated & prepared 30(b)(6) designees to address topics listed in wrongful death Plaintiffs’ notices (all topics, not just topics specifically identified in Order, to avoid further pettifogging and taking a mile when given an inch), failure to provide knowledgeable designees shall be contempt of court… given Plaintiffs’ failure to specifically request what they now seek and that the materials were ultimately disclosed, sanctions under 37(c) are not appropriate, any other result would value the discovery motion more than the discovery… Molloy. [Read more…]
Smelter contamination, landowners’ restoration damages
SMELTER CONTAMINATION: Landowners’ claim for restoration damages relating to discharge of arsenic and lead remanded to District Court following US Supreme Court’s allowing claim with EPA approval… order. [Read more…]
Defense verdict, officer shooting death
VERDICT: Defense, officer shooting death. [Read more…]