LEGAL MALPRACTICE claim against sexual assault defendant’s deceased attorney’s firm fails because Alford plea entered after allegedly ill-advised guilty plea was withdrawn severed causation of initial plea… Best affirmed (other grounds, memorandum). [Read more…]
Foreign judgments, Montana v. Arizona statute
FOREIGN JUDGMENTS: Arizona divorce judgment filed in Montana is subject to Montana’s 10-year statute, not Arizona’s 5 years… McMahon reversed. [Read more…]
Foreclosure, alleged Fannie Mae bid rigging challenge
FORECLOSURE: Challenge by lessee to Fannie Mae’s interest in property via alleged bid rigging properly dismissed as moot after it sold the property to a 3rd-party and lessee effectively obtained relief requested by not vacating, voluntary cessation exception to mootness doctrine inapplicable… leave to amend counterclaim to add quiet title for a complete ownership interest and several defendants including the 3rd-party purchaser properly denied… Newman affirmed (IOR I-3(c)). [Read more…]
Wrongful death/survival, curb trip/fall, limitations
WRONGFUL DEATH/SURVIVAL claims stemming from curb trip/fall time-barred… survival claim not tolled by discovery doctrine as Plaintiff argues only that he was not aware of the legal theory on which the claim could be based… wrongful death claim against new Defendants not related-back to prior Does… H. Brown. [Read more…]