APPEAL PROCEDURE: “Application for leave to appeal” pretrial rulings/sanctions order in event Supreme Court affirms new-trial order following hospital malpractice defense verdict denied… order. [Read more…]
New trial, hospital malpractice defense verdict
NEW TRIAL granted following hospital malpractice defense verdict based on failure to excuse spouses of hospital employees for cause prior to voir dire, failure to clarify at jury’s request loss-of-chance instruction which mentioned only “doctors” and not health providers generally… H. Brown. [Read more…]
$162,068 sanctions, hospital malpractice PTO
SANCTIONS: $156,651.75 attorney fees, $5,416.47 costs, against defense counsel for untimely PTO response in hospital malpractice case… H. Brown. [Read more…]
Defense verdict, hospital death, HCM
VERDICT: Defense (negligence but no causation), hospital malpractice, death of patient with pre-existing hypertrophic cardiomyopathy. [Read more…]
Sanctions, med-mal Defendant
SANCTIONS: Supervisory control of H. Brown as to sanctions against med-mal Defendant denied… order. [Read more…]
Sanctions, med-mal Defendant’s attorneys
SANCTIONS: Cert/supervisory control as to sanctions against med-mal Defendant’s attorneys denied… order. [Read more…]
Attorney disqualification, prospective client
ATTORNEY DISQUALIFICATION: Rifle manufacturer’s national counsel improperly used fact that Plaintiffs had been turned down by local counsel to intimidate and create impression they had bad case… national and local firms properly disqualified… Salvagni affirmed. [Read more…]
Corporation, dissolution v. fiduciary claims
CORPORATION: Dissolution does not preclude fiduciary claims against shareholders… Menahan reversed. [Read more…]
Negligent misrepresentation/CPA, ski-out access
NEGLIGENT MISREPRESENTATION/CPA: Chalet seller did not negligently misrepresent that ski-out access would be built by developer or violate CPA because representation was as to a future event, true at time it was made, prevented only by developer’s bankruptcy… argument about negligent misrepresentation elements not waived by raising in reply brief in support of in limine motion when opponent raised it in response brief… $2,232,386 bench judgment reversed… Tucker reversed. [Read more…]
Insurance, $12 million confessed judgment
INSURANCE: Insurer entitled to contest reasonableness of $12 million confessed judgment in house construction dispute… final judgment reversed… Ortley reversed. [Read more…]