DEFAULT JUDGMENT against pro se home inspector with no hearing to establish damages solely because he was the only Defendant without resources to navigate the system and driving him to bankruptcy by liability that did not exist in first place miscarriage of justice… remanded to direct Plaintiff to reimburse for amounts recovered out of $270,809 judgment… appeal not mooted by bankruptcy discharge… McNeil reversed. [Read more…]
Archives for 2015
$300,000 verdict, home inspection
VERDICT: $300,000, Home Inspection Trade Practices Act, CPA. [Read more…]
Rule 38/§1927 sanctions, recusal, smearing judge
SANCTIONS under FRAP 38 and §1927 imposed in form of Appellees’ fees & costs against Yellowstone Mountain Club co-founder and principal attorney for transparent attempt to wriggle out of unfavorable decisions by smearing Kirscher in recusal motion… co-counsel attempting to distance themselves chastised but not sanctioned… order. [Read more…]
Insurance, beetle infested log home
INSURANCE: CGL insurer did not breach duty to defend or settle beetle infestation claims against log home builder… decision not to treat logs with insecticide was not covered “occurrence”… insurer not liable for $328,825 consent judgment… Christensen. [Read more…]
Settlements
Plan I
Terry Smith, multiple, 12/13, shoulder, 1/15, disputed, $44,000 new money, stipulated judgment; Garry Seaman for Smith, Larry Jones for Associated Loggers Exchange [Read more…]
Comp exclusivity, corporate officer/co-employees
WORK COMP EXCLUSIVITY: Corporate officer acting on behalf of corporation, not individually as owner, while supervising employee injured assembling carpet racks, immune from suit… Larson affirmed. [Read more…]
Water, Crow Water Compact
WATER: Allottees’ objections to Crow Water Compact properly rejected by Water Court… McElyea affirmed. [Read more…]
Water, 1913/1942 reservoirs, 1895/1897 rights
WATER: 1913/1942 reservoirs did not increase amount diverted or period of diversion, reservoirs included in 1895/1897 rights… Ritter affirmed. [Read more…]
Political practices, sufficiency decision venue
POLITICAL PRACTICES: Action seeking declaration that sufficiency decision should be filed in candidate’s county rather than L&C nonjusticiable in light of subsequent enforcement action in L&C… H. Brown affirmed. [Read more…]
Unions, teacher termination, statute of limitations
UNIONS: Teacher’s claim against union in relation to termination barred by 2-year limitation for liability created by statute (NLRA duty of fair representation)… Seeley affirmed (other grounds, IOR I-3(d)). [Read more…]
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