WRONGFUL DEATH: Parents of deceased adult may seek wrongful death damages for grief, sorrow, mental anguish, to be pursued by PR along with other claims… inconsistent analyses/holdings, imprecise use of “heirs” clarified… McNeil reversed on supervisory control. [Read more…]
Archives for 2013
Banking, subordination agreement
BANKING: Subordination agreement placed bank’s mortgage ahead of seller’s loan, assignee of mortgage stepped into bank’s shoes in all respects, could sell property without notice to borrower or consent of borrower or seller… Wheelis reversed. [Read more…]
Open meetings, neighborhood planning committee
OPEN MEETINGS: Neighborhood planning committee improperly held private meetings before being advised of violation, but residents thereafter had sufficient involvement, revised plan [Read more…]
Streambed, channel adjacent to river, irrigation
STREAMBED: Channel adjacent to river properly found to be natural waterway that may be used to transport irrigation water, not man-made irrigation ditch, ranch properly allowed to maintain… Swandal affirmed. [Read more…]
Restitution, extradition costs
RESTITUTION: State not a “victim” as to extradition costs… Stadler reversed. [Read more…]
Jury waiver, unilateral, buried, knowing/voluntary
JURY WAIVER: Defendant failed to overcome presumption against waiver, failed to prove knowing waiver by buried unilateral provision, motion to strike jury demand denied… Molloy. [Read more…]
Contract/fraud/civil conspiracy, business sale
CONTRACT/FRAUD/CIVIL CONSPIRACY: Release not obtained by undue influence, release of all claims and payment is valid accord & satisfaction discharging contractual obligations, obviating breach of contract claim… claim of fraudulent misrepresentation of health of principal, value of company, and need to sell time- [Read more…]
Insurance, wildfire, “conduct of business”
INSURANCE: “Conduct of business” in “Business Squire” policy triggers coverage of wildfire that resulted from felling dead tree in yard of home-based business to protect business equipment and [Read more…]
Ex parte communications with providers
§39-71-604(3) unconstitutional under Art. II §10 as applied to Petitioner as she is willing to let insurer communicate with providers if she is included in communications to protect her privacy… Shea. [Read more…]
Rocky Mountain Spotted Fever
Petitioner failed to prove he contracted RMSF while working as hunting guide… Shea. [Read more…]
- « Previous Page
- 1
- …
- 18
- 19
- 20
- 21
- 22
- …
- 60
- Next Page »