HOSPITAL SERVICES: Challenges to rates charged uninsured patients v. insureds dismissed for failure to state claim… dispute over number of surgical implants dismissed on summary judgment… fees/costs awarded for frivolous complaint… Salvagni. [Read more…]
Wages, auto dealership “salesman”/service
WAGES: Auto dealership “salesman” includes any salesman primarily engaged in servicing vehicles per FLSA, not just those selling vehicles per regulation, statute controls over [Read more…]
Debt collection, “one action rule”
DEBT COLLECTION: Secured note improperly foreclosed without compliance with “one action rule”… summary judgment foreclosure of unsecured note failed to state exact amount… McCarter reversed. [Read more…]
Surety, construction equipment lease notices
SURETY: Proper notices not given to contractor as to provision of equipment under construction equipment leases, surety not liable for defaults… Lovell. [Read more…]
Property, lake parking/docking easement
PROPERTY: Purported easement on lots to access parking/boat docking too vague to be enforced against assigns… not necessary to consider laches, statute of limitations as to 33 years between Declaration and formation of homeowners association… Honzel affirmed. [Read more…]