ATTORNEY FEES improperly awarded prevailing Defendant in construction defects suit based on contract reciprocity when oral contract contained no fee provision… no fees reciprocity based on statute, but remanded to consider Foy fees… pro se Plaintiff’s motion to dismiss LLC properly denied as pro se cannot represent another, likewise improper for pro se to appeal on behalf of LLC… Gilbert reversed, affirmed. [Read more…]
Archives for 2022
Public road easement through house/garage
PUBLIC ROAD EASEMENT: County properly failed to establish 30 foot easement from center of County road onto Defendant’s property through his garage & house based only on unmarked dashed line on COSs… $42,671 fees and $1,111.29 costs properly awarded under UDJA… Harris affirmed (memorandum). [Read more…]
TRO enjoining CI-121 signature gathering
SUPERVISORY CONTROL of McMahon to vacate TRO enjoining gathering signatures for CI-121 denied, would delay resolution beyond 10 days of TRO, other remedy available… order. [Read more…]
Contempt, failure to accept Defendant for fitness rehab
CONTEMPT: Indirect contempt for MSH failing to immediately accept criminal defendant for fitness rehab with $500/day sanction reversed… Kutzman reversed. [Read more…]
Time served credit based solely on instant case
TIME SERVED CREDIT should have been awarded felony DUI Defendant based solely on record for case for he is being sentenced (212 days) without regard for time held for revocation of prior conditional release… Dayton reversed… order. [Read more…]
Sewage system liability, technician fall into lift station
SEWAGE SYSTEM LIABILITY: Operating a lift station with the electrical junction box inside requiring entrance into it to perform pump maintenance and resulting in technician falling to the bottom is an abnormally dangerous activity warranting strict liability… City’s liability not barred by statute of repose or common carrier exception… John Brown. [Read more…]
$790,941 verdict, centerline sideswipe MVA
VERDICT: $790,941, centerline sideswipe by negligent per se semi-conscious diabetic, cervical spine, brainstem, concussion. [Read more…]
Personal jurisdiction, wolf advocates’ trademark dispute
PERSONAL JURISDICTION declined over Idaho wolf advocates’ alleged infringement of Montana wolf advocates’ website and “relistwolves” trademark in a video… Christensen. [Read more…]
Clean Campaign Act, PACs’ notice to candidates
CLEAN CAMPAIGN ACT: Requirement that political committees contemporaneously provide a candidate any campaign advertisement published within 10 days of an election if it refers to, but does not endorse, the candidate, does not pass constitutional muster… Molloy. [Read more…]
Settlement challenge, banks’ check-kiting scheme
SETTLEMENT CHALLENGE: Adversary proceeding against 2 of Ch. 11 Debtors’ banks alleging involvement in check-kiting scheme barred by settlement and general release 5 years earlier… passive nondisclosure not grounds to invalidate release… adversary proceeding dismissed for failure to state claim but Trustee granted limited leave to amend… Holt. [Read more…]
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