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The summary following each opinion is prepared to offer lawyers and the public a general overview of what a particular opinion decides. The summary is not necessarily a full description of the issues discussed in an opinion.
1-5-2022 - Opinions
In this LLC member dispute, Justin Ludy appeals the circuit court's denial of his motion to compel arbitration of certain claims even though the parties' Operating Agreement provided "any dispute" about arbitrability would be decided in arbitration. We affirm in part, reverse in part, and remand.
Michael Dennis Moore (Appellant), personal representative of the estate of Thomas G. Moore (Decedent), appeals a circuit court order affirming the probate court's order, arguing the circuit court erred in ruling (1) a joint tenancy with a right of survivorship between Decedent and Appellant was defeated at the time a purchase agreement to sell a parcel of real property was signed; (2) Appellant's claims of prejudicial submission of evidence and allowance of new claims on the day of trial were not preserved for the court's review; and (3) a separate envelope containing a document with instructions concerning a piece of Decedent's estate should be integrated into Decedent's last will and testament (Will). We affirm in part and reverse in part.
Covil Corporation, by and through its duly appointed Receiver, Peter D. Protopapas (Covil), filed this action against Pennsylvania National Mutual Casualty Insurance Company (Penn) alleging breach of insurance contracts based on Penn's failure to participate in the settlement of an underlying claim against Covil. Penn appeals the circuit court's order granting partial summary judgment to Covil, arguing the court erred in (1) granting partial summary judgment where Covil's motion was not supported by sworn affidavits and summary judgment was premature; (2) finding Covil's late notice of the underlying claim did not bar coverage; and (3) holding coverage existed despite a products hazard and operations hazard exclusion in the Penn insurance contracts. We affirm.
1-19-2022 - Opinions
Appellants Elizabeth Murray, as personal representative of the Estate of Minnie H. Murray, and Elizabeth Stylesetters appeal the circuit court's ruling affirming the probate court's order granting summary judgment in favor of the Estate of William E. Murray. We affirm.
In this repetitive trauma injury case, the workers' compensation commission denied Dale Brooks benefits, relying on an ergonomics report in ruling Brooks failed to prove his normal job duties were repetitive. We reverse the denial, and hold the sole inference from the record demonstrates Brooks suffered a repetitive trauma injury and is entitled to benefits.
Thomas Stephen Acker appeals his convictions for first-degree criminal sexual conduct (CSC) with a minor and disseminating obscene material to a minor, arguing the circuit court abused its discretion in (1) admitting expert testimony addressing the behavioral characteristics of child sexual abuse victims and (2) admitting his statement regarding a pornography addiction. Acker further contends the circuit court erroneously denied his motion for a directed verdict on the dissemination charge. We affirm.