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Claimant appealed board's finding as to her medical conditions and the restriction of the counsel fee award and court found board did not err in affirming WCJ's finding that claimant did not suffer from lateral epicondylitis but did err in affirming WCJ's award of a counsel fee restricted to a percentage of claimant's indemnity benefits only. Motion granted in part and denied in part.
Trial court improperly dismissed property tax appeal upon application of the mailbox rule where county board offered no evidence that alleged scheduling notices had been mailed to taxpayer. Order of the trial court vacated and remanded.
Defendant in an automobile accident case challenged the wantonness, recklessness, and stand-alone punitive damages claims via demurrer and moved to strike impertinent matter in the complaint. Objections sustained in part and overruled in part.
District court erred in refusing to apply the relation-back doctrine where it had already granted a good cause extension for service under Rule 4(m). Order of the district court vacated, case remanded for further proceedings.
Defendant airline moved to dismiss plaintiffs' breach of contract and tort claims complaint for failure to state a claim and to strike a portion of the complaint. Motion granted in part and denied in part.
Defendants moved to dismiss plaintiff's False Claims Act action asserting the submission of false claims to Medicare and Medicaid and court found relator failed to meet the special pleading standard required by rule 9(b) and failed to allege factual or legal falsity as required by the FCA. Motion granted.
Defendants appealed the court's order granting leave for disclosure to plaintiff of a law firm's documents concerning the firm's representation in support of a liquor license applicant. The court concluded that the appeal should be denied or its order affirmed where the court authorized disclosure of specific client-file documents necessary for defendant law firm to prove it was not involved in alleged wrongdoing against plaintiff.
Publication Date: 2024-04-05 Practice Area:Criminal Law Industry: Court:Supreme Court Judge:Justice Brobson Attorneys:For plaintiff: for defendant: Case Number: 41 WAP 2022
Parolee residing in community correctional facility as a condition of parole was "committed to" the facility and thus qualified as an "inmate" under the second-degree drug possession statute. Order of the superior court reversed.
The parties cross moved for summary judgment in an action resulting from a home sale. The court granted plaintiffs' motion for partial summary judgment on one count of defendant's counterclaim and denied defendant's motion for summary judgment.