TEMPORARY ORDER OF PROTECTION dissolution by Dayton not appealable until other pending issues including parenting plan are resolved… appeal fees denied. [Read more…]
Insurance, UTPA/common law bad faith, MVA
INSURANCE: UTPA/common law bad-faith claims against auto insurers time-barred… Molloy. [Read more…]
Sanctions, $1,685, counsel unprepared for PPTC
SANCTIONS: $1,575 fees, $110 mileage to opposing counsel for vacated PPTC for which Plaintiffs’ counsel was unprepared… counsel chose payments over dismissal without prejudice… Molloy. [Read more…]
Insurance/attorney practice, Local Rules violations
INSURANCE/ATTORNEY PRACTICE: Lynch’s recommendations of rejection of contract/bad faith claims addressed and adopted on the merits, but granted alternatively because of repeated violations of Local Rules… [Read more…]
More definite statement, notice pleading
Petitioner provided sufficient information of claims to satisfy notice pleading, additional information requested by insurer best sought through discovery rather than motion for more definite statement… un-served insurer, TPA “Does,” improperly named… additional contentions in [Read more…]
Insurance/dismissal, adjuster bad faith
INSURANCE/DISMISSAL: Complaint allegations sufficient to survive 12(b)(6) dismissal of adjuster in bad faith case… request to consider new allegations and treat motion as one for summary judgment denied… Molloy. [Read more…]
Attorney disqualification, insurance bad faith
ATTORNEY DISQUALIFICATION: Insurer’s motion to disqualify in bad faith case Plaintiffs’ attorney who was also attorney in MVA liability case granted: she is disqualified from conducting depositions, opening & closing arguments, examining witnesses at trial… Molloy. [Read more…]
Defense verdict, failure-to-yield auto, brain
VERDICT: Defense, failure-to-yield auto, admitted liability, claimed traumatic brain injury sustained by psychologist. [Read more…]
Product liability, “upstream” chair parts retailer
PRODUCT LIABILITY: “Upstream” retailer of chair components not entitled to bring indemnity claim against “downstream” MSP assembler of chair that collapsed… no right of contribution in product liability case… Harkin. [Read more…]