ATTORNEY DISQUALIFICATION: Husband’s attorney not disqualified by wife’s calls 3 years earlier seeking divorce advice… psychological victimization claim not minimized, but RPC 1.20 requires lawyer receive “significantly harmful” “information”… no implied relationship by prospective [Read more…]
Archives for February 2013
Unjust enrichment, Indian school fundraising
UNJUST ENRICHMENT claims may arise from Indian school’s alleged failure to distribute equitable shares of funds to Tribe which it obtained by marketing plight/need of Tribe… forensic accounting cause supplanted by discovery rules… contract, negligent misrepresentation, fraud, conversion, cultural [Read more…]
Default judgment, set aside deemed denied
DEFAULT JUDGMENT improperly set aside because motion was deemed denied after 60 days due to mandatory time limit (not because jurisdiction lost)… deemed denial not slight abuse of discretion… Spaulding reversed. [Read more…]
Lease, holdover lessees of take-out land
LEASE: Lessees of land on which take-out sat were holdovers after expiration of lease, option to purchase the land was not a term of the tenancy, did not extend through holdover tenancy, suit to enforce purchase option accrued upon termination of lease, not upon repudiation of option, barred by 8-year [Read more…]
Comp exclusivity, MSP taser training
COMP EXCLUSIVITY: MSP taser training claim properly rejected for lack of evidence of intent to harm… no independent cause for spoliation… Newman affirmed. [Read more…]
Property, specific performance, letter agreement
PROPERTY: Specific performance of letter agreement to sell interest in property to sister properly enforced over claimed oral agreement with brother, manner of acceptance not limited to that suggested in offer… Spaulding affirmed. [Read more…]
Endangerment, disabled vehicle in interstate
ENDANGERMENT: Sufficient evidence that disabled vehicle in interstate on dark night created substantial risk of death or serious injury resulting in death rear-ender… Defendant not [Read more…]
Order of protection/tampering, conduct/result
ORDER OF PROTECTION/TAMPERING: Both conduct and result of conduct could have led jury to convict under result-based instruction argued on appeal or statutory/MCJI instruction [Read more…]
$1.7 million verdict, FELA, cumulative back
VERDICT: $1.7 million, FELA, cumulative back injuries with striking snow-obscured pipe with skidsteer the “the final straw.” [Read more…]
Defense verdict, marble stairs fall, disk
VERDICT: Defense, marble stairs fall, diskectomy. [Read more…]
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