SETTLEMENT: $1 million, trucker fatally injured by falling pipes during unloading of flat-bed trailer. [Read more…]
Judicial estoppel, malicious prosecution/abuse of process
JUDICIAL ESTOPPEL: Counsel substitution not justification for untimely summary judgment motion but no prejudice so properly allowed, but malicious prosecution and abuse of process claims not barred by judicial estoppel arising from failure to update Ch. 7 schedules to disclose pending claims… Fehr reversed. [Read more…]
$35 million default judgment, securities software
DEFAULT: $35 million default judgment properly entered against Defendant for failure to participate in securities trading software litigation… Fehr affirmed (memorandum). [Read more…]
Failure to serve summons & complaint within 3 years
FAILURE TO SERVE summons & complaint within 3 years of complaint requires dismissal without prejudice of slip & fall claim which eventually identified fictitious entity that provided the mats… Deschamps. [Read more…]
Medicaid, Trust jointly owned home not countable asset
MEDICAID: Trust principal consisting of jointly owned home not a countable asset for Medicaid eligibility under “any circumstance”… 1st impression… DPHHS/McMahon reversed. [Read more…]
Easement, breach by hunting violation, outside access
EASEMENT: Agreement breached by hunting violation, access of land outside easement… claims to private and public prescriptive easements properly rejected… fees properly awarded pursuant to agreement… unconscionability claim not preserved for appeal but undermined by arguments… Berger affirmed. [Read more…]
Easement, interpretation/clarification of 2014 judgment
EASEMENT: Rules 59-60 correctly found not to apply to 2018 motion for interpretation/clarification of 2014 judgment in ranches’ easement dispute… but 2014 judgment incorrectly found ambiguous on its face or effect… but judgment nonetheless imprecise/uncertain warranting interpretation/clarification… but judgment misinterpreted and thus erroneously altered/amended… remanded for amended judgment in accordance with Supreme Court’s interpretation/clarification… Wilson affirmed, reversed. [Read more…]
Noncompete covenant, departing CPAs, $2,353,463
NONCOMPETE COVENANT: $2,353,463 damages properly awarded against CPAs who left with client list to start new firm, jointly & severally rather than individually (thinly-veiled attempt to invalidate Covenant as grossly unreasonable)… prejudgment interest properly awarded except 1 month too soon… discovery sanctions properly denied… Eddy affirmed. [Read more…]
Easement agreement rescission, hunting offense
EASEMENT across neighbors’ property properly rescinded for hunting without permission conviction in violation of Easement Agreement’s conditions… no private or public easement… nuisance/negligence/punitives claims for blocking access rejected… Berger. [Read more…]