RULE 11 SANCTIONS: Debt collection law firm violated 11(b)(3) by ex parte motion, affidavit, and proposed judgment for $52,931.84 student loan debt based on counsel’s “inadvertent” conflation of loan files when sum specified in settlement agreement at issue was $32,850.35… settlement enforcement procedure of dismissal with prejudice, no-notice “reopening,” and ex parte judgment on affidavit not advisable but not in violation of 11(b)(2), firm improperly enjoined from further use of procedure… Harris affirmed, reversed (IOR I-3(c)). [Read more…]
Archives for 2019
Photo lineup, purse-snatcher, untimely challenge
PHOTO LINEUP: Challenge of purse-snatcher lineup waived by failure to show good cause for untimely motion… Ulbricht affirmed (other grounds) (IOR I-3(c)). [Read more…]
Elder exploitation, hearsay/summary evidence
ELDER EXPLOITATION: Conviction affirmed over hearsay and summary evidence challenges… Townsend affirmed (IOR I-3(c)). [Read more…]
DUI, Iowa not substantially similar for enhancement
DUI: Iowa “under the influence” conviction not substantially similar to Montana’s for felony enhancement… Davies. [Read more…]
Foreclosure, no legal duty by bank to homeowner
FORECLOSURE: Bank owed no cognizable legal duty to homeowner… MCPA claims time-barred or not unfair/deceptive… Lovell affirmed (memorandum). [Read more…]
Treating v. IME physicians’ pain opinions
Treating physician’s opinion that pain stems from job injury given more weight than IME physician’s… pain meds constitute primary medical services… Sandler. [Read more…]
Settlements
Plan I
Gene Larson, upper back, 7/18, $64,500, Paul Adam [Read more…]
Mobile home sale, re-sale surplus, UCC
MOBILE HOME SALE: Summary judgment that buyer not entitled to surplus from re-sale improperly granted on grounds that UCC Art. 9 no longer applied after Release was signed without first determining whether buyer was in default, improperly granted that Release satisfied strict foreclosure elements… Todd reversed. [Read more…]
Real estate, boundary realignment stipulation
REAL ESTATE: Breach of boundary realignment stipulation claim not time-barred, specific performance properly ordered, trespass claim properly dismissed… R. McElyea affirmed. [Read more…]
Subdivision, water defect claims time-barred
SUBDIVISION: Water defect claims properly rejected as time-barred, accrual rulings as to 2 Defendants properly applied per law of case to 3 Defendants… Wilson affirmed. [Read more…]
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