Digests Volume 35

 

ENVIRONMENT: Ranchers lack prudential standing to challenge Castle Mountains Range Project grazing allotments under NEPA, failed to exhaust administrative remedies, claims lack merit… “surprise” summary judgment declaration stricken… Lovell. [Read more…]

Digests Volume 34

 

INSURANCE: “Each Person” UIM applies to wrongful death/survivor claims (first impression)… Cebull. [Read more…]

Digests Volume 33

 

FREE SPEECH: Challenge of student association election spending cap unlikely to succeed on merits, preliminary injunction denied… Molloy. [Read more…]

Digests Volume 32

 

BENCH JUDGMENT: $10,767,120 net (10% negligence by Plaintiff, 50% by individual defendant, 40% by Forest Service), FTCA, snowmobile accident on FS trail, catastrophic brain, parental consortium… Molloy. [Read more…]

Digests Volume 31

 

TUBING ACCIDENT: Skier Responsibility Act not applicable to tubing at ski resort… insufficient facts for summary judgment as to strict liability for inclined runout ramp… nuisance claim not barred by 3-year PI statute… fact issues as to negligence, nuisance. assumption of risk (strict liability), comparative negligence… misuse only defense to product liability… other incidents… Florida Plaintiff/lawyer’s market rate… opinion as to injury effect on legal work… Erickson. (Subsequent settlement.) [Read more…]