RISA: 2009 version does not confer private cause of action for challenge of mobile home contract… Todd affirmed. [Read more…]
Mobile home sale, re-sale surplus, UCC
MOBILE HOME SALE: Summary judgment that buyer not entitled to surplus from re-sale improperly granted on grounds that UCC Art. 9 no longer applied after Release was signed without first determining whether buyer was in default, improperly granted that Release satisfied strict foreclosure elements… Todd reversed. [Read more…]
Insurance, ladder “Fall from Heights” exclusion
INSURANCE: Fall from Heights exclusion precludes coverage for ladder fall regardless of whether the person fell from or with the ladder or whether 10-15 foot fall measured from head or foot qualifies as “from heights”… no duty to defend roofing contractor vis-à-vis $4.7 million consent judgment… Cavan. [Read more…]
UCC, mobile home default, resale surplus
UCC: Defaulting mobile home purchaser not precluded by Full Release of Contract from pursuing surplus purportedly realized upon resale… Souza reversed. [Read more…]
Liquor, SB 193 store commissions, Contracts Clause
LIQUOR: SB 193 restructure of agency store commissions does not implicate Contracts Clause. . . Haddon affirmed, reversed. [Read more…]
Liquor, SB 193 store commission, state contract law
LIQUOR: SB 193 restructure of agency store commission rates breached contract under state law, remanded for determination of remedy. . . Haddon reversed (memorandum). [Read more…]
Mobile home contract default, surplus from resale
MOBILE HOME CONTRACT: Defaulting Plaintiff’s claims for accounting from resale of home and to receive any surplus from sale dismissed on summary judgment. . . Todd. [Read more…]
Defense verdict, insurance, “new-construction condo”
VERDICT: Defense, insurance bad faith, negligent misrepresentation, insurance by estoppel, stemming from denial of coverage for accident of plumbing subcontractor employee on excluded “new-construction condo”. . . suit by plumbing employee & wife as assignees of insured’s claims. [Read more…]
Mobile home contract, RISA
MOBILE HOME CONTRACT: No private cause of action under RISA. . . defaulting Plaintiff’s claims dismissed pursuant to Rule 12(b)(6). . . Moses. [Read more…]
Mobile home contract, UCC
MOBILE HOME CONTRACT: Release of defaulting purchaser not violative of UCC. . . Plaintiff’s claims dismissed on summary judgment. . . Sousa. [Read more…]