CONTRACT: Tenant/buyers’ breach of contract claims following building fire not viable absent written contract specifying insurance obligations by landlord/sellers… [Read more…]
Easement, landlocked land, easement by necessity
EASEMENT: Unity of title existed back to 1864 RR land grant giving rise to ostensible necessity [Read more…]
Implied covenant, agency v. contract
IMPLIED COVENANT: Supervisory control of Neill as to ruling that breach of implied covenant may be based on agency theory denied… order. [Read more…]
Contract, subcontractor bid “modification”
CONTRACT: Concrete subcontractor’s bid constituted binding contract, issues of acceptance, interlineation counter-offer, [Read more…]
Appellate mediation, sanctions, motion to dismiss
APPELLATE MEDIATION: Dismissal for failure of Appellants to appear at mediation rather than by counsel denied, MRAP 7(5)(h) [Read more…]
Environment, power line siting, DEIS
ENVIRONMENT: County not entitled to mandamus or injunctive relief requiring additional consultation with DEQ prior to DEIS in [Read more…]
Parental relationship, change of Judge’s mind
PARENTAL RELATIONSHIP/PROCEDURE: Vacating order denying relationship to DNA father, subsequently granting relationship, [Read more…]
DUI/prosecutorial conduct
DUI/PROSECUTORIAL CONDUCT: Defendant not deprived of fair trial by Prosecutor’s comments in voir dire and closing… [Read more…]
Settlement enforcement, emailed MOU, repudiation
SETTLEMENT ENFORCEMENT: Emailed MOU constitutes written, signed, enforceable settlement of agreement reached at [Read more…]
Defense verdict, catastrophic diesel engine damages
VERDICT: Defense, catastrophic heavy equipment engine damages due to alleged water-contaminated fuel. [Read more…]
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