SIWC BY YOUTH: Instruction to consider youth characteristics properly rejected as appropriate only for sentencing, not culpability… instruction on age of consent to support 14-year-old Defendant’s theory that 16-year-old alleged that she had withdrawn consent in game of “Nervous Touch” to avoid being charged herself properly rejected… sufficient evidence to convict Defendant of SIWC… Murnion affirmed. [Read more…]
Sexual assault, incriminating phone conversation
SEXUAL ASSAULT: Unsolicited incriminating phone conversation between Defendant and ex-girlfriend recorded without warrant by officers at police station properly admitted… Berger affirmed. [Read more…]
Wire fraud, Ponzi scheme, abuse-of-trust enhancement
WIRE FRAUD: Ponzi scheme conviction and sentencing affirmed except as to abuse of trust enhancement… Morris affirmed, reversed (memorandum). [Read more…]
COS mandamus, certificate of sanitary review exemption
COS MANDAMUS: No duty to record a COS bearing a certification of exemption from sanitary review for which subdivider was not approved, mandamus petition properly dismissed… Vannatta affirmed. [Read more…]
Tortious interference, truck driver urination
TORTIOUS INTERFERENCE: No evidence that aviation fuel tank farm owner acted intentionally to damage fuel truck driver’s employment by complaining about him urinating on ground while waiting for employees to arrive to unlock gate… H. Brown affirmed (IOR I-3(c)). [Read more…]
Defense verdict, insurance, “new-construction condo”
VERDICT: Defense, insurance bad faith, negligent misrepresentation, insurance by estoppel, stemming from denial of coverage for accident of plumbing subcontractor employee on excluded “new-construction condo”. . . suit by plumbing employee & wife as assignees of insured’s claims. [Read more…]
Skier responsibility, collision with rocks
SKIER RESPONSIBILITY: Resort properly granted summary judgment against claims of skier who hit rocks… Christensen affirmed (unpublished). [Read more…]
Negligence, crash over concrete barriers
NEGLIGENCE: Plaintiff injured in crash over concrete barriers on steep road failed to establish breach of duties by City, County, or State to properly place, install, maintain barriers… Todd affirmed. [Read more…]
Skier responsibility, snow-obscured rock
SKIER RESPONSIBILITY: Skier who hit obscured rock in low snow conditions required to accept responsibility for injuries resulting from inherent dangers & risks… summary judgment for resort after previous denial of motion to dismiss… Christensen. [Read more…]
Insurance, “junk health insurance,” fraud/RICO
INSURANCE: Dissolved Tennessee “junk health insurance” entity has capacity to be sued on theory of successor liability… fraud, constructive fraud, RICO claims sufficiently pled, punitives may be appropriate… most claims not time-barred… personal [Read more…]