FAILED SUBDIVISION: Negligence/contract claims against City, engineers, contractor time-barred, contract claim against partner over “note” used in unsuccessful attempt to obtain financing properly rejected on the merits… Swandal affirmed (IOR I-3(d)). [Read more…]
Title insurance, excepting legal access
TITLE INSURANCE: Common law negligence, negligent misrepresentation for excepting legal access in preliminary commitment which led to loss of sale although subsequent [Read more…]
Title insurance, notification of litigation
TITLE INSURANCE: Undisputed facts show Bank failed to provide proper notification of possible litigation over construction liens or provide sworn statement of losses, but declaratory judgment precluded by disputed extent of prejudice to title company… Watters. [Read more…]
Oil/gas well negligence, fracture stimulation
OIL/GAS WELL NEGLIGENCE: Fracture stimulation company whose employee was injured while attempting to bleed pressure following unsuccessful frac attempts failed to [Read more…]
Dam repairs, statute of limitations, experts
DAM REPAIRS: Summary judgment for engineers proper based on 3-year tort statute (rather than 8-year contract statute)… summary judgment for repair company proper based on lack of causation between alleged grouting failure and leak… experts properly precluded for untimely disclosure… Langton. [Read more…]