DEFAMATION/SANCTIONS: Defamation time-barred, statements either true or no defamatory meaning… Plaintiffs [Read more…]
Legislation, veto power, governor standing
LEGISLATION: No restriction on Governor’s veto power when he chose to not sign rather than veto HB 676, lacks standing [Read more…]
Defamation, nuisance animal refuge operators
DEFAMATION claims by nuisance animal refuge operators rejected, Rule 11 sanctions against pro se Plaintiffs… Simonton. [Read more…]
Insurance, “Each Person” v. derivative
INSURANCE: “Each Person” limit covers direct damages for daughter’s physical injury and derivative damages for loss of father in MVA up to $50,000 under policy language, $100,000 [Read more…]
Insurance “arson” judgment, for homeowner
BENCH JUDGMENT: Insurer wrongly refused to pay fire loss based on allegedly concealed/misrepresented facts… owner entitled to $225,775 for home that burned shortly before he was to move it, $8,839 for personal property, $66,474 interest from proof of loss… Dayton. [Read more…]
Lost industrial park opportunity, $3 million
LOST INDUSTRIAL PARK OPPORTUNITY: Claim for lost profits in City’s takeover of property not subject to $750,000 cap… discovery sanction that City liable to developer precluded [Read more…]
Insurance, derivative death/survivorship claims
INSURANCE: Daughter’s wrongful death/survivorship claims derivative from father’s auto death, limited by his “each person” limit regardless of whether she sustained her own bodily injury… claims for mental impairment resulting from loss of father must be separately supported in underlying case… H. Brown. [Read more…]
Hospital/radiologist contract, injunction
HOSPITAL/RADIOLOGIST CONTRACT: Preliminary injunction against hospital properly granted in reappointment dispute… Newman affirmed.
Jesse Cole has been a radiologist at St. James since 1996. Bylaws require [Read more…]