RAILROADS: Federal case affirming arbitration award against shortline operator res judicata as to State Court case brought by State on behalf of operator… Supreme Court’s interpretation of BN’s obligations following arbitration is law of case… BN’s repudiation of per-car payments in favor of arrangement by which BN and shortline operator separately set their [Read more…]
Autopsy/arrest/jail, child death, immunity
AUTOPSY/ARREST/IMPRISONMENT: Medical examiner statutorily immune from reporting that “manner of death” of child was homicide based on babysitter’s later recanted claim that she collapsed while he held her hand crossing the street when later investigation disclosed that she was run over by bus… public duty challenge not addressed… false arrest/imprisonment for deliberate homicide precluded by probable [Read more…]
Work comp privacy, criminal justice information
WORK COMP PRIVACY: Declaratory/injunctive relief/supervisory control of 1st Dist. judges as to ex parte dissemination [Read more…]
Interest, construction lien, arbitration
INTEREST clarified following reinstatement of $1,632,961 arbitration judgment and lien foreclosure… order. [Read more…]
Negligence, erroneous autopsy conclusion
NEGLIGENCE: No special relationship between Plaintiff and medical examiner that would create exception to public duty [Read more…]
Construction lien, “contracting owner,” “agent”
CONSTRUCTION LIEN: One entity was “contracting owner” of ranches, another was “agent” for purpose of contracting for [Read more…]
Defense verdict, conductor mental, train crash
VERDICT: Defense, FELA, conductor’s claimed mental condition from train collision. [Read more…]
Medicaid, excessive reimbursements, class action
MEDICAID: 5-year statute (not applied to retroactive application of Ahlborn in class action alleging excessive 3rd-party Medicaid [Read more…]
Preliminary injunction, short-line RR, arbitration
PRELIMINARY INJUNCTION improperly went far beyond relief requested by State, required RR to resume per-car payments to [Read more…]
Evidence, lag in conceding liability, damages phase
EVIDENCE: Plaintiff allowed to present limited evidence of lag in conceding liability in train collision, other liability evidence in [Read more…]
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