APPEAL: Failure to raise any appeal issue as to dismissal of assault suit leaves nothing to review… Grubich affirmed (memorandum). [Read more…]
Attorney practice, MLSA denial of representation
ATTORNEY PRACTICE: Legal Services Association not obligated to provide representation… Eddy affirmed (memorandum). [Read more…]
$775,206.90 net verdict, opioid treatment death
VERDICT: $1,192,626 gross/$775,206.90 net (65/35 negligence) wrongful death, Suboxone prescribed by nurse practitioners in medical group dedicated to treating opioid-use disorder. [Read more…]
Realtor malpractice, fencing, mold
REALTOR MALPRACTICE claims related to fencing and mold properly rejected on summary judgment… Swandal affirmed. [Read more…]
Unauthorized practice, LLC member for LLC
UNAUTHORIZED PRACTICE: LLC’s assignment of claims to member does not permit the non-lawyer member to sue on behalf of LLC (first impression)… member also lacks standing to assert LLC’s claims… Ohman affirmed. [Read more…]
Student loan, claims against servicer, preemption
STUDENT LOAN: State law claims against loan servicer alleging failure to accurately account for payments for purposes of Public Service Loan Forgiveness not preempted by Higher Education Act… McMahon reversed. [Read more…]
Lending breach, tax confusion, sub-tract mortgage lot
LENDING BREACH: Contract and tort claims stemming from tax confusion and bank’s payment of taxes for all of lot and increasing mortgage obligation to protect sub-lot collateral from tax lien sale properly dismissed on summary judgment… McElyea affirmed. [Read more…]