EMOTIONAL DISTRESS claims by father based on his trauma of witnessing deposition questioning of his child in wrongful death suit brought by father in death of his wife properly dismissed pursuant to Rule 12(b)(6) without converting to summary judgment… Cuffe affirmed (memorandum). [Read more…]
Appellate procedure, interpled insurance funds
APPELLATE PROCEDURE: Appeal of order by Linneweber directing deposit of interpled insurance funds and making insurers responsible for certain payments premature… order. [Read more…]
Probate, tangential civil jurisdiction
PROBATE: Invitation to “buck” precedent and allow courts sitting in probate to exercise jurisdiction over tangential matters declined… fiduciary duty, negligence, fraud, bad faith claims related to PR’s alleged sale of house under market value properly dismissed… but Foy fees improperly awarded as arguments that jurisdictional precedent should be overruled not “wholly frivolous or malicious”… Seeley affirmed, reversed (memorandum). [Read more…]
Marital, farm/ranch valuation/distribution
MARITAL: Farm/ranch properly valued and distributed, husband properly found in contempt for vexatious conduct… Harada affirmed (memorandum). [Read more…]
Real estate, buy-sell rights of tenants in common
REAL ESTATE: Agreement stating buy-sell rights of tenants in common to house purchased together properly construed… Halligan affirmed (memorandum). [Read more…]
Water, State ownership of water from private land
WATER: State holds ownership interest in water right developed & diverted on private land for beneficial use on school trust land… Stephen Brown affirmed. [Read more…]
Minerals, forced pooling, successor to non-participant
MINERALS: Producer entitled to forced pooling of interests acquired by successor to non-participating owner as well as risk penalties… Davies affirmed. [Read more…]
Default, $739,738.97 vodka default judgment set aside
DEFAULT: No manifest abuse of discretion in setting aside $739,738.97 default judgment in vodka distribution dispute despite “concise” analysis… Halligan affirmed (memorandum). [Read more…]
University bills unconstitutional but no Private AG fees
PRIVATE AG FEES: Ruling that university bills are unconstitutional affirmed… denial of Private AG fees to Plaintiffs remains undisturbed due to lack of majority on this issue… McElyea affirmed. [Read more…]
Name change, sealed-record by trans prisoner denied
NAME CHANGE: Transgender prisoner’s petition for sealed-record name change properly denied… McLean affirmed (memorandum). [Read more…]
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