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11 Jan 2024, 3:26 pm
So she makes a claim under her own auto policy for an accident with an underinsured motorist.The insurance company (CSAA) is willing to pay, but the only medical expenses that plaintiff submits are bills for a little over $30,000, and as to those, Medi-Cal paid them, at a discount, so legally, plaintiff can only recover the (discounted) amounts Medi-Cal actually paid. [read post]
23 Apr 2020, 9:07 am
  Or the fourth subsection, which is a funny one, and perhaps tells you a little about the backstory of Arizona:  "recklessly parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water. [read post]
13 Apr 2016, 12:12 pm
 Having won in the Supreme Court on the exact same theory they're now asserting, it seems a little harsh to me to parse out the briefs below incredibly carefully to try to find a meritorious assertion waived.Plaintiffs also say that if they didn't raise this theory, that's because the law was against them, and they're under no obligation to raise below arguments that are legally barred. [read post]
12 Feb 2024, 12:01 pm
So for that issue, absent anything new (like the Supreme Court stepping in and saying that its earlier dicta about the scope of state law in Viking River Cruises was correct), we pretty much know at this point how these things will go in both federal and state court.Judge Lee adds a concurrence that has little to do with the substance of the court's holding but that he nonetheless feels is important to add just so employers don't potentially get stuck with issue preclusion from… [read post]
28 Feb 2012, 3:44 am by Russ Bensing
  Besides time-keeping, we learn a little bit about shoplifting and counterfeit money. [read post]