JUDGE SUBSTITUTION properly denied following remand of mining injunction order where remand order did not address grant of summary judgment contained in same motion… Wheelis affirmed. [Read more…]
Archives for September 2014
Jurisdiction, Florida wire fraud Defendants
JURISDICTION: Personal jurisdiction over Florida wire fraud Defendants not established by Montana Plaintiff’s single act of authorizing Montana bank to wire funds to Defendant in Florida… Wheelis affirmed. [Read more…]
Probate, Illinois farm partnership, Montana UPC
PROBATE: Illinois farm partnership interest properly held to pass to lineal descendants/siblings under Montana UPC… “heirs” in LP agreement refers to designees under intestate succession law of state of demise (Montana) of decedent who had a will but no surviving spouse or descendants… Deschamps affirmed. [Read more…]
Mental commitment, waiver of rights
MENTAL COMMITMENT: Statutory/due process rights violated by commitment without intentional/knowing waiver of procedural rights despite assurances by counsel and professional that person would enjoy community commitment… H. Brown reversed. [Read more…]
Foreclosure, subdivision loan
FORECLOSURE: Contract properly interpreted as establishing priority for repayment of subdivision loan, not implied promise to not foreclose absent failure to repay with lot sales… challenge of denial of motion to alter judgment mooted by failure to post appeal bond, sheriff’s sale of lots, expiration of redemption [Read more…]
Foreclosure, securitization challenge
FORECLOSURE: Challenge to securitization in attempt to avoid paying for property properly rejected via 60(b) motion denial… McLean affirmed (IOR I-3(d)). [Read more…]
UI, corporate officer working without pay
UI: Corporate officer working without pay under implied contract required to report hours… properly ordered to repay $28,387 plus 33% penalty… Townsend reversed. [Read more…]
Punitives review, Hyundai steering deaths
PUNITIVES REVIEW: $240 million punitives for 2 deaths from head-on MVA found to be caused by Hyundai steering defect reduced to $72,960,012 (9:1 ratio)… cap unconstitutional, but if upheld by MSC, punitives should be $10 million against knuckle manufacturer and $10 million against vehicle marketer… Christopher. [Read more…]
Tax deed, notice, claims against Treasurer
TAX DEED holder gave proper notice under statute, no additional duty to further investigate possible addresses, but quiet title summary judgment deferred pending claims against Treasurer as to “suspicious” behavior… Salvagni. [Read more…]
Settlements
Plan I
Michael Simonsen, multiple, 10/14, disputed, $100,000, medicals closed, stipulated judgment; Jeffrey Dahood for Simonsen, Kelly Wills for MCCF [Read more…]
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