INHERITANCE of $100,000 MVA insurance for child’s death properly denied mother for refusal to support the child… Brown affirmed. [Read more…]
Class certification premature, landlord/tenant
CLASS CERTIFICATION properly denied at early stage in landlord/tenant litigation, could be revisited depending on disposition of dismissed claims that are not yet appealable… Seeley affirmed. [Read more…]
Attorney fees, duplicate awards by 2 judges
ATTORNEY FEES: $17,450 duplicate fees improperly awarded between 2 judges in related cases… $625 fees-for-fees improperly awarded… Larson reversed (IOR I-3(c)). [Read more…]
Class action, “obsolete” background check information
CLASS ACTION: 2nd motion to certify a class by Plaintiff suing background checks firm for “obsolete” information again fails for lack of showing of superiority… Halligan affirmed (IOR I-3(c)). [Read more…]
Settlement breach, $23,273.83 fees/costs
SETTLEMENT BREACH: $23,273.83 fees/costs awarded for breach of settlement agreement by Plaintiff in 8-plex defects case filing new proceeding raising similar if not identical claims… Larson. [Read more…]
Res judicata, apartment complex mold claims
RES JUDICIA: General partners of apartment complex LLLP precluded by LLLP’s settlement of mold claims against builder from indemnity/contribution claims against builder in suit by tenants against apartment entities… exception for alleged agreement to split claims rejected… Deschamps affirmed. [Read more…]
$440,000 stipulated judgment, apartment complex mold
STIPULATED JUDGMENT: $440,000, apartment complex mold. [Read more…]
Class certification, “obsolete” background info
CLASS ACTION: Plaintiff suing background checks firm for “obsolete” information failed to meet 26(b)(3) superiority, certification properly denied. . . Halligan affirmed. [Read more…]
Negligence, calf/vehicle collision
NEGLIGENCE: Collision between calf and vehicle must be analyzed under negligence standard, not negligence per se… Spaulding. [Read more…]
Landlord-tenant, class-action, rental agreements
LANDLORD-TENANT: Class challenge of rental agreements properly certified… motions to strike material submitted with reply brief properly denied… Townsend affirmed. [Read more…]