Plan I
Linda Forkan, OD, $21,500 new money for all claims except medical reserved, stipulated judgment; Bernard Everett for Forkan, Morgan Weber for MMIA [Read more…]
Archives for June 2017
Insurance, failure to disclose house flooding
INSURANCE: Insurer did not breach duty to defend seller for failure to disclose prior flooding under homeowner policy because of exclusion, did breach duty under post-closing renter policy on another house… consent judgment for $300,000 justified… Haynes reversed. [Read more…]
Comp exclusivity, MIGA employer reimbursement
COMP EXCLUSIVITY: Employer not required to reimburse MIGA for claims paid on behalf of insolvent comp insurer… Seeley affirmed. [Read more…]
Forum non conveniens, WDA, Ohio corporation
FORUM NON CONVENIENS: Ohio properly found more convenient for termination claims of controller of Ohio corporation… amendment to replace wrongful discharge and NIED with new claims on remand from Supreme Court ruling properly denied… Kutzman affirmed. [Read more…]
Contract, successive action under same contract
CONTRACT: 2nd suit under same contract based on payments in different periods allowed as successive action, not barred by issue preclusion… Tucker affirmed. [Read more…]
Contempt, failure to appear at hearing
CONTEMPT: Attorney properly found in contempt when she moved for continuance day before parental termination hearing… $500 fine, $1,124.76 costs properly imposed… Pinski affirmed. [Read more…]
Attorney discipline, interim suspension set aside
ATTORNEY DISCIPLINE: Interim suspension of child endangerment/DUI attorney set aside… order. [Read more…]
Foreclosure, loan modification denial
FORECLOSURE: Husband’s claims based on loan modification refusals rejected… Menahan. [Read more…]
Sanctions, $515,119.90, “reckless,” “frivolous”
SANCTIONS: Fees incurred by insurer against Montana attorneys for “reckless,” “frivolous” prosecution of bad faith case stemming from suit against CPA firm for bad TIC investment affirmed… sanctions against Portland co-counsel reversed… because $515,119.90 was imposed against all 3, remanded for reassessment of appropriate amount against Montana lawyers… Lovell affirmed, reversed (unpublished). [Read more…]
$37,343.50 verdict, service dog deposit
VERDICT: $37,343.50, housing disability discrimination, charging $1,000 deposit for service animal. [Read more…]
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