AIRCRAFT SALE AGREEMENT: Judgment on pleadings for Seller properly granted based on Buyers backing out without conducting inspection… Seller’s motion to deem RFAs admitted properly denied because Buyers’ offer to extend discovery was conditioned on early settlement conference which never occurred, Seller properly sanctioned for misrepresenting otherwise… pre-judgment interest properly denied because amount of judgment was uncertain until sanction fees awarded despite stipulated damages (loss from subsequent sale)… Ulbricht affirmed. [Read more…]
Archives for June 2019
Banking, brothers’ joint account
BANKING: Estate’s claims against brother of improper withdrawals from joint mineral trust account properly dismissed on summary judgment including loan signatory/ratification and numerous statute of limitations issues… Rule 11 sanctions properly imposed… Bidegaray affirmed (IOR I-3(c)). [Read more…]
Board of Plumbing, “minor work” permit exception
BOARD OF PLUMBERS: “Minor repair” exception to plumbing work obviated need for permit, Board’s contrary ruling properly reversed… Gilbert affirmed (IOR I-3(c)). [Read more…]
Marital, $467,208.71 attorney fees indemnification claim
MARITAL: Husband’s claim for indemnification from wife under property settlement agreement for $467,208.71 fees & costs defending against federal suit by wife’s divorce funding company properly denied… Bowen/H. Brown affirmed (IOR I-3(c)). [Read more…]
SSD, obesity
SSD: Obesity claim properly rejected… Morris affirmed (memorandum). [Read more…]
Settlements
Plan I
Mitzi Wood, upper arm, 1/11, PT, $4,000, medical reserved, Richard Martin [Read more…]
Attorney discipline, pyramid scheme “investments”
ATTORNEY DISCIPLINE: Ronald Lords disbarred for enticing elderly clients to “invest” in or loan money to his construction company and using most of the funds for his personal expenses in a “Ponzi scheme,” ordered to pay $1,069,970.83 restitution plus interest… order. [Read more…]
Attorney discipline, client neglect, disappeared attorney
ATTORNEY DISCIPLINE: David Freedman disbarred for client neglect in default proceeding in which he failed to respond or appear… order. [Read more…]
DUI, lawful arrest required for license suspension
DUI: Officer must lawfully arrest a person for DUI before requesting him to submit to a blood or breath test for purposes of a test refusal license suspension… Defendant was lawfully arrested based on anonymous 911 call coupled with officer’s observations… Townsend affirmed. [Read more…]
Indians, assault victim’s Indian status for jury
INDIANS: Assault victim’s Indian status properly decided by jury… conviction affirmed… Morris affirmed (memorandum). [Read more…]
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