JURISDICTION/PROCEDURE: No federal jurisdiction over State’s litigation of shortline RR settlement agreement with BN, removal by BN improvident, remanded to State Court, but relief sought by State (reinstitution of per-car payments by [Read more…]
Settlements
Plan I
David Burd, low back/neck, 2/05, liability accepted for back, $7,500 for disputed neck, stipulated judgment; Kim Schulke for Burd, Jason Jewett for MMIA [Read more…]
Real estate, buy-sell, water system, parol evidence
REAL ESTATE: Alleged oral agreements/statements outside buy-sell as to claims for negligent misrepresentation/breach of implied covenant as to trailer court water system barred as parol evidence, not within fraud in inducement exception… [Read more…]
Securities, phantom auto contracts
SECURITIES: Claim as to phantom auto contracts not timely under 2-year statute which does not allow for discovery, properly dismissed following $70,000 verdict based on jury finding as to date when agent was “offerer”… jury correctly [Read more…]
Subdivision, developer intervention, EA
SUBDIVISION: Post-trial intervention by developer proper after City Commission declined to appeal… contiguous owner had standing to challenge subdivision, standing by one [Read more…]
Easement by necessity, scope, interference
EASEMENT by necessity properly established from public road to parcel that was landlocked at time of County severance… old road properly established as public way… easement scope not unlimited as Plaintiffs sought, more expansive than [Read more…]
Mental commitment, forced medication
MENTAL COMMITMENT: Forced medication prior to hearing proper in emergency detention (conflicting statutes reconciled)… paranoia, grandiose thoughts, extreme religious ideation, suspicion of helpers supported finding of bipolar for [Read more…]
Insurance, snow-collapsed apartments carport
INSURANCE: Snow-collapsed carport not covered in apartment complex policy despite insured’s claim that he requested and was told he was purchasing coverage of all structures… agent had no duty to procure coverage for carport absent specific [Read more…]
Procedure, treating physician testimony
PROCEDURE: Treating physician’s testimony not limited to his medical records… strained reading of Rule 26(a)(2)(B) and McCluskey rejected… Molloy. [Read more…]
Settlements
Plan I
Jarrod Wendlick, wrist, 3/06, OD, disputed, $70,000 ($10,233 MSA), stipulated judgment; David Sandler for Wendlick, Ronald Atwood for Costco [Read more…]
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