Archives for 2015

Trespass, subcontractor “authorized person”

October 10, 2015 By lilly

TRESPASS: Subcontractor was “authorized person” to deny entry of copper scavenger to demolition site… Deschamps affirmed (IOR I-3(d)). [Read more…]

Preliminary injunction, pipeline road for riprap

October 10, 2015 By lilly

PRELIMINARY INJUNCTION: Pipeline company enjoined from constructing road over disputed route on Plaintiffs’ property to riprap creek… Kutzman. [Read more…]

Settlements

October 10, 2015 By lilly

Plan I

Jon Peck, asbestosis, 6/86, Champion International, disputed liability, $78,361, stipulated judgment; Laurie Wallace, Ethan Welder, and Dustin Leftridge for Estate of Peck, Leo Ward for International Paper [Read more…]

Probate, ademption

October 3, 2015 By lilly

PROBATE: Proceeds of lots named in Will but sold prior to death not intended to be adeemed, proceeds to be distributed to named beneficiaries rather than held by PR/residuary beneficiary… CDs named in Will but sold prior to death adeemed… Tucker affirmed, reversed. [Read more…]

Securities, failed mining scheme

October 3, 2015 By lilly

SECURITIES: Investors timely sued failed mining scheme under Securities Act’s 2-year statute… added investors claims relate back to original complaint… seller established no material fact demonstrating reasonable care… assay company improperly dismissed for lack of personal jurisdiction… Sandefur affirmed, reversed. [Read more…]

Jurisdiction, Canadian Ford, product liability

October 3, 2015 By lilly

JURISDICTION: Supervisory control of Sandefur’s ruling that Ford is subject to personal jurisdiction as to Canadian pickup product liability denied… order. [Read more…]

Environment, wastewater mixing zone

October 3, 2015 By lilly

ENVIRONMENT: Issues related to proposed wastewater mixing zone under subdivision deferred pending remand for EIS… private AG fees properly denied… J. Brown affirmed, reversed. [Read more…]

Schools, territory transfer

October 3, 2015 By lilly

SCHOOLS: District failed to preserve statutory issue as to necessity of sworn statements in territory transfer hearing, claim did not warrant plain error review, merits improperly reached… McKeon reversed. [Read more…]

Marital, PI settlement

October 3, 2015 By lilly

MARITAL: Master equitably apportioned estate with substantial PI settlement… Bowen/J. Brown affirmed. [Read more…]

Note, “untimely” payments, $39,747 fees/costs

October 3, 2015 By lilly

NOTE PAYMENTS timely the business day after Sunday or holiday or late payments waived by failure to object… $39,747 fees/costs properly awarded Defendant under terms of note… Larson affirmed (IOR I-3(d)). [Read more…]