DISCOVERY: Rule 35(b)(1) “like reports” does not require insurers or their medical examiners to deliver reports for all earlier exams of the condition from all persons examined, but only earlier exams of the Plaintiff regarding the same condition to which the insurers and their Rule 35 examiners may have access… DeSoto. [Read more…]
Insurance, failure to notify insurer of dog injury suit
INSURANCE: Failure to notify auto insurer of dog injury suit precludes liability for $475,000 consent judgment, notice-prejudice rule not applicable merely because insurer would have changed coverage decision had it been notified of suit… Morris affirmed (memorandum). [Read more…]
Insurance, MVA independent UTPA claims after settle
INSURANCE: MVA Plaintiff sufficiently pled independent UTPA claims following settlement of underlying case to survive 12(b)(6) motion. . . applicability of collateral source reduction statutes more appropriate for summary judgment. . . Gilbert reversed. [Read more…]
Auto dealership, denial of same line-make franchise
AUTO DEALERSHIP: Proposed same line-make franchise within mile of existing franchise properly denied for lack of good cause. . . Orr/Gustafson affirmed. [Read more…]
Real estate development, “muddled & chaotic case”
REAL ESTATE DEVELOPMENT: Summary rulings in “muddled and chaotic case” in which no party substantially prevailed affirmed… no fees per prevailing party or derivative claim statute… Jones affirmed. [Read more…]
Jury, recall to correct verdict error, MVA
JURY: Federal judges have inherent power to recall a jury to correct verdict error, within limitations… jurors properly recalled following $0 verdict in light of $10,136 stipulated MVA damages ($15,000 verdict in subsequent deliberations)… Anderson/9th Circuit Court affirmed. [Read more…]
Experts, neurologist with ALS expertise, MVA
EXPERTS: Retained neurologist with specific expertise in ALS improperly precluded from opining as to relationship between MVA and decedent’s ALS despite admission that exact cause of ALS is unknown… treating neurologist’s “could have” opinion insufficiently definite for causation testimony… dismissal for lack of experts reversed… Langton reversed, affirmed. [Read more…]
Auto dealership, same line-make franchise
AUTO DEALERSHIP: Subject jurisdiction/federal preemption must be considered in same line-make franchise award following termination as part of Ch. 11 sale in light of 6th Circuit ruling… order. [Read more…]
Negligence/insurance, $400,000 MVA verdict
NEGLIGENCE/INSURANCE: $400,000 MVA verdict upheld, but Plaintiff who did not name insurer precluded from executing against tortfeasor’s estate for any amount in excess of $100,000 policy limits because of failure to timely assert creditor’s claim… offset of $16,306 advanced medicals improperly denied… erroneous determinations as to non-party insurer’s alleged misconduct precluded on remand… Salvagni affirmed, reversed. [Read more…]
Insurance/vacatur, “equitable balancing,” Ridley
INSURANCE/VACATUR: “Equitable balancing” should be applied to determine whether Ridley ruling in favor of insurer should be vacated following insured’s confession of judgment on appeal in excess of policy limits, to preclude adverse impact on separate common law bad faith claims… Cebull reversed (unpublished). [Read more…]