CompFox AI Summary
The Appeals Board granted the defendant's Petition for Removal, rescinding the trial judge's February 16, 2011 orders. The Board found that the trial judge acted prematurely and potentially inappropriately by suspending action on stipulations, threatening sanctions without a hearing, and making comments beyond her rulings. The matters are returned to the trial level for further status conferences to determine applicant's desires regarding further litigation, psychiatric claims, PQME waivers, and the adequacy of the proposed settlements. The Board also clarified that the need for rebuttal under Guzman and Ogilvie will be addressed after these preliminary issues are resolved.
Full Decision Text1 Pages
The Appeals Board granted the defendant's Petition for Removal, rescinding the trial judge's February 16, 2011 orders. The Board found that the trial judge acted prematurely and potentially inappropriately by suspending action on stipulations, threatening sanctions without a hearing, and making comments beyond her rulings. The matters are returned to the trial level for further status conferences to determine applicant's desires regarding further litigation, psychiatric claims, PQME waivers, and the adequacy of the proposed settlements. The Board also clarified that the need for rebuttal under Guzman and Ogilvie will be addressed after these preliminary issues are resolved.
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