INSURANCE: Parents injured in their vehicle driven by daughter properly precluded from UIM from parents’ and daughters’ policies… exclusion not illusory because, while UIM unavailable for single-car crashes involving only insured’s [Read more…]
Archives for June 2010
Probate, divorcee’s trust, automatic revocation
PROBATE: §72-2-814(2)(a)(i) automatically revoked ex-wife’s pour-over living trust that had named former husband’s children as devisees… declaratory judgment proper without [Read more…]
Supervisory control, fault, lacrosse blinding retrial
SUPERVISORY CONTROL of Fagg denied as to comparative fault of Plaintiff and non-party and CPA in school lacrosse stick blinding retrial… order. [Read more…]
Supervisory control, commercial charge/usury
SUPERVISORY CONTROL of Macek denied as to whether commercial charge agreement subject to usury law… order. [Read more…]
Bankruptcy, fraudulent schedules, counsel advice
BANKRUPTCY: Debtor knowingly/fraudulently made many false oaths on Schedules/SOFA relating to material facts in complex scheme stemming from mega-house construction agreement… fraudulent transfer of other house properly [Read more…]
Settlements
FELA, repetitive motion, defense verdict, new trial
FELA: Evidence of previous verdicts in which repetitive motion claims were rejected (without informing jury 1 million+ awarded on other claims) resulted in unfair trial, new trial [Read more…]
Marital, parenting modification, ex parte contact
MARITAL: Due process denied by modification of parenting plan without proper notice that husband sought primary custody… Court troubled by ex parte between Judge and wife’s expert (Judge’s friend)… clarification that parental [Read more…]
Marital/Indians, separation date, tribal names
MARITAL/INDIANS: Separation date improperly adopted as 5/01 as contended at hearing by husband rather than 5/06 per pleadings… wife’s Fen-Phen settlement improperly included in estate… value of wife’s leased trust land [Read more…]
Removal, majority 3rd-party rule, diversity
REMOVAL: Majority rule against removal by 3rd-party defendants followed in product liability diversity case… removal also improper because 3rd-party Defendant failed to obtain consents within 30 days, more than 1 year after [Read more…]