ARBITRATION: Plaintiffs in housing construction dispute waived right to bifurcate parties and claims it filed in this strategic suit into adjudication by arbitration and jury trial after having seen what evidence Defendant’s discovery will require it to divulge. . . motion to stay litigation and compel arbitration denied. . . all parties shall resolve disputes in this judicial forum. . . Larson. [Read more…]
Archives for March 2018
Defense verdict (40/60), icy parking lot slip & fall
VERDICT: Defense (40/60), icy parking lot slip & fall, fractured rib. [Read more…]
Failure to give notice of alleged accident
Petitioner failed to give notice of alleged accident within 30 days, claim not compensable. . . Sandler. [Read more…]
Settlements
Plan I
Michael Sauerbier, multiple, 12/03, disputed PT, $240,000, Paul Simon [Read more…]
Title insurance, road easement in front of hotel
TITLE INSURANCE: Policy adequately noticed excluded road easement, no obligation to list all documents referencing an encumbrance. . . summary judgment for title company affirmed with reservations as to performance. . . McMahon affirmed (IOR I-3(c)). [Read more…]
Marital, property/maintenance, $5,747,302 estate
MARITAL: Property and maintenance properly awarded in dissolution of long-term marriage with $5,747,302 estate. . . Desmond/Deschamps affirmed. [Read more…]
Entrapment, child prostitution sting, jury issue
ENTRAPMENT: Dismissal of felony attempted prostitution (with minors) stemming from sting properly denied because of conflicting facts as to mens rea (but entrapment would have been tough sell to jury based on the facts, Defendant pled guilty in plea agreement). . . Kutzman affirmed. [Read more…]
$749,000 punitives review, cap unconstitutional
PUNITIVES REVIEW: Punitives cap unconstitutional, $749,000 award upheld on review (as opposed to $21,920.31 under 3% cap) in addition to $1,088,000 compensatory damages in house contract suit. . . Manley. [Read more…]
Environment, Bull Mountains coal lease
ENVIRONMENT: Challenge of BLM’s decision to lease coal in Bull Mountains properly rejected. . . Watters affirmed (unpublished). [Read more…]
Insurance, collapsed deck, efficient proximate cause
INSURANCE: Efficient proximate cause of loss from collapsed deck was repeated seepage or leakage of water over extended time, an excluded peril. . . coverage denial reinforced by anti-concurrent clauses clause. . . Molloy. [Read more…]