CHIROPRACTIC MALPRACTICE: Defense verdict affirmed over challenges to standard of care, habits & routine practice, perpetuated expert testimony responding to new theory, alternative cause evidence, impeachment by Panel application… McMahon affirmed. [Read more…]
Supervisory control, hospital peer review data privilege
SUPERVISORY CONTROL of J. Brown denied as to admission of hospital Medical Executive Committee correspondence vis-à-vis peer review data privilege (order). [Read more…]
$4,373,138.50, water/sewer contract termination
VERDICT: $4,373,138.50 to contractor against engineers for City water & sewer main replacement contract termination… $650,000 settlement with City with confessed judgment/assignment of claims against engineers. [Read more…]
Statute of repose, defective school roof, “completed”
STATUTE OF REPOSE bars claims relating to defective school roof based on determination of when it was “completed”… fees awarded architect against District based on contract… Boucher affirmed. [Read more…]
Attorney disqualification, supervisory control
ATTORNEY DISQUALIFICATION: Supervisory control of J. Brown’s refusal to disqualify counsel denied for lack of showing breach of Joint Defense Agreement or violation of RPC or statutes governing practice… order. [Read more…]
Negligence, auto/fire truck, defense verdict
NEGLIGENCE: Defense verdict in collision with fire truck affirmed… H. Brown affirmed (IOR I-3(d)). [Read more…]
Insurance, CGL, claim of deceptive job inducement
INSURANCE: Claim that insured induced Plaintiff to switch jobs with false hope of eventual ownership of insurance agency, resulting in emotional distress, not covered by CGL policy [Read more…]
Chiropractic malpractice, CPA
CHIROPRACTIC MALPRACTICE: Supervisory control of Deschamps denied as to allowance of CPA claim against chiropractor… order. [Read more…]
Banking, charge-back right, auto purchase scam
BANKING: Charge-back right cannot be equitably estopped by use of provisional settlement funds or bank’s failure to exercise care in handling check, risk of loss remains with customer, application of jury’s estoppel verdict to charge-back right rejected, customer permitted to pursue claims for [Read more…]