SPOLIATION: First-impression issues in context of settled parties involving excavator bucket falling on worker in trench and inspections without notice to sewer contractor and removal of machinery resolved by finding of negligent — not intentional — spoliation and payment of expenses including attorney fees for contractor to conduct its own inspection… $33,277 awarded of $83,190 requested… Marks. [Read more…]
Pleadings, wind farm suit amendments, counterclaims
PLEADINGS: Ranchers’ amendments to Answer in opposition to neighbors’ challenge to wind farm properly denied as untimely but counterclaims alleging abuse of process improperly dismissed with prejudice as compulsory, may be asserted in independent action… Oldenburg affirmed, reversed. [Read more…]
Attorney fees, $511,463 v. $3,610,386 requested, class
ATTORNEY FEES: $511,463.40 properly awarded to 2 Class Counsel following settlement of University System employee benefits class action, over requested $3,610,386… Plaintiffs entitled to post-judgment interest despite refusing to accept pending appeal… R. McElyea affirmed. [Read more…]
Rule 11 sanctions, questionable tactics by both sides
RULE 11 SANCTIONS request by Defendants against Plaintiff in intellectual property case denied, both sides rapped for dog fight and questionable tactics… Molloy. [Read more…]
Wind farm suit dismissed without prejudice
WIND FARM: Suit to halt proposed 79.9 MW project dismissed without prejudice following preliminary injunction and developers unable to obtain financing as a result dropped out… landowners’ counterclaims dismissed as untimely compulsive… Oldenburg. [Read more…]
Intellectual property, fired software developer
INTELLECTUAL PROPERTY: Software developer’s intellectual property appropriation and wrongful discharge/disability discrimination claims dismissed on summary judgment… Molloy. [Read more…]
Wind farm, preliminary injunction
WIND FARM: Preliminary injunction granted halting proposed 79.9 MW project on farm land pending trial… $50,000 cash bond allowed over request for $181 million… Oldenburg. [Read more…]
Attorney fees, house contract/lien claims
ATTORNEY FEES: All of home subcontractor’s $120,981.05 fees improperly assessed against owner’s construction lien bond following $1,838,000 verdict against general contractor on contract claims… Manley reversed. [Read more…]
Real estate, alleged ranch bid rigging
REAL ESTATE: Alleged bid and earnest money deposit irregularities properly rejected on summary judgment as basis for overturning sale of $2.1 million ranch for $495,000… Rule 56(f) “fishing expedition” into auctioneer “bid-rigging” properly denied… Dayton affirmed. [Read more…]
$749,000 punitives review, cap unconstitutional
PUNITIVES REVIEW: Punitives cap unconstitutional, $749,000 award upheld on review (as opposed to $21,920.31 under 3% cap) in addition to $1,088,000 compensatory damages in house contract suit. . . Manley. [Read more…]