FLOORING DAMAGES claims by homeowners dismissed as belonging solely to their LLC, lack of toxic poisoning expert… Townsend affirmed (IOR I-3(c)). [Read more…]
Note/deed challenge, Bankruptcy Court preemption
NOTE/DEED/BANKRUPTCY: Chain of title claims precluded by Bankruptcy Court jurisdiction… Souza. [Read more…]
Wrongful discharge, employment offer withdrawal
WRONGFUL DISCHARGE: Employment offer was executory contract, no employment relationship at time it was rescinded, breach of contract applies, not WDA… Kutzman affirmed on supervisory control… order. [Read more…]
Foreclosure, challenge of banks’ interest
FORECLOSURE: Homeowners have standing to challenge foreclosure because they were original grantors of beneficial interest created by MSTFA, but claim for declaration that banks hold no beneficial interest in the property and have no right to act as servicer of their loan or foreclose on it barred under 3-year statute for conversion of instrument (the Note)… Christensen. [Read more…]
Excessive force, shooting death of fleeing suspect
EXCESSIVE FORCE: Even if a jury could find officer shooting suspect fleeing in patrol car was not objectively reasonable because he was not a threat at the time he was shot and killed, Supreme Court law compels conclusion that the law on deadly force against fleeing vehicles was not clearly established, officer entitled to qualified immunity… “In my view, this case should be tried to a jury. However, in light of our Supreme Court cases on deadly force in car chases it won’t be.”… summary judgment for officer and City… Molloy. [Read more…]