JUDGE SUBSTITUTION: Unnamed class members, although successful in appeal of settlement approval, not “adverse party” for purposes of substitution on remand… Newman affirmed. [Read more…]
Archives for June 2013
Title insurance, legal access by named streets
TITLE INSURANCE: Developer entitled to recover losses sustained up to policy limit due to land not abutting a physical road open to public access (to gain legal access by way of 3 named streets in prior subdivisions, Plaintiff had to limit lots in new subdivision [Read more…]
Prison officials immunity, sentence enforcement
PRISON OFFICIALS IMMUNITY: Officials who simply enforce facially valid orders enjoy absolute immunity from §1983 liability for conduct prescribed by orders (1st impression in 9th Circuit)… dismissal of claim that Plaintiff was subjected to liberty [Read more…]
Insurance, “junk health insurance,” fraud/RICO
INSURANCE: Dissolved Tennessee “junk health insurance” entity has capacity to be sued on theory of successor liability… fraud, constructive fraud, RICO claims sufficiently pled, punitives may be appropriate… most claims not time-barred… personal [Read more…]
Psychiatric evaluation
Sufficient grounds for psychiatric evaluation after 7½ years of TTD with little improvement… Shea. [Read more…]
Settlements
Plan I
Duane Houtchens, low back, 11/06, hearing dismissed without prejudice at request of Kenneth Thomas and without objection by [Read more…]
Default, $30,066 for repair of non-owned truck
DEFAULT: Abuse of discretion in not setting aside default judgment of $30,065.52 for repair of non-owned truck, $835 fees/costs… Ortley reversed (IOR I-3(d)). [Read more…]
Trustee’s sale, robo signing, refusal to vacate
TRUSTEE’S SALE: Freddie Mac properly obtained ownership of property which Defendants, asserting fraud including robo signing, refused to vacate… Stadler affirmed (IOR I-3(d)). [Read more…]
Courts, Justice Court to District Court
COURTS: Claim of error in allowing amendment in District Court to add claim in residential lease dispute that had not been pled in not-of-record Justice Court not preserved… references to not-of-record Justice Court testimony not precluded in trial de novo, do not suggest that Judge was influenced by JP’s decision, [Read more…]
Mental commitment, conditional release extensions
MENTAL COMMITMENT: Petitions to extend conditional release not filed within 2 weeks before expiration of detention or extension, orders granting petitions vacated… Curtis reversed. [Read more…]
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