CLASS ACTION: Auto medical exclusion settlement properly approved following 2nd fairness hearing over claims of, inter alia, collusion as allegedly indicated by $600,000 flat fee for class counsel on submitted claims and 30% contingency on unsubmitted claims… Newman affirmed. [Read more…]
Marital, un-served TRO, IRA amendment
MARITAL: Because husband did not serve wife with divorce TRO within 3 years, the TRO, although never dismissed, was rendered ineffective and he was not prohibited from amending his IRA to remove wife as beneficiary and name children as primary beneficiaries… Dayton affirmed (other grounds). [Read more…]
Judge substitution, remand from class appeal
JUDGE SUBSTITUTION: Unnamed class members, although successful in appeal of settlement approval, not “adverse party” for purposes of substitution on remand… Newman affirmed. [Read more…]
Comp exclusivity, MSP taser training
COMP EXCLUSIVITY: MSP taser training claim properly rejected for lack of evidence of intent to harm… no independent cause for spoliation… Newman affirmed. [Read more…]
Defense verdict, marble stairs fall, disk
VERDICT: Defense, marble stairs fall, diskectomy. [Read more…]
Class action, auto medicals exclusion settlement
CLASS ACTION: “Stymied” objectors to auto medical exclusion class action settlement erroneously denied discovery, remanded for discovery and another fairness hearing… Newman reversed. [Read more…]
Appellate mediation, sanctions, motion to dismiss
APPELLATE MEDIATION: Dismissal for failure of Appellants to appear at mediation rather than by counsel denied, MRAP 7(5)(h) [Read more…]
Jurisdiction, Kansas bus components
JURISDICTION: Supervisory control of Dayton and Newman denied as to their finding of jurisdiction over Kansas manufacturer of fiberglass components of bus that overturned [Read more…]