PROBATE: District Court had jurisdiction to restrain PR under §72-3-617 and did not abuse discretion in requiring her to obtain court approval for estate distributions in overlapping civil and probate proceedings… Whelan affirmed. [Read more…]
Trust, family trusts conflicts
TRUST: Fact issues preclude summary judgment on 4 of 5 issues involving family trust conflicts of interest… Vannatta reversed, affirmed. [Read more…]
Subdivision covenants properly enforced, fees awarded
SUBDIVISION COVENANTS properly enforced against Defendants, attorney fees properly awarded Plaintiff… Marks affirmed. [Read more…]
Will challenge, new wife waived out of siblings’ agreement
WILL CHALLENGE: New wife waived right to challenge son’s and daughter’s agreement in mediation to admit father’s 2007 Will to probate rather than 2021 deathbed Will… Larson affirmed (memorandum). [Read more…]
Attorney disqualification, real estate litigation
ATTORNEY DISQUALIFICATION: Supervisory control of Gilbert’s denial of disqualification in real estate litigation declined… order. [Read more…]
Attorney fees, $532,662 fees & costs, flooring litigation
ATTORNEY FEES: $532,662.35 fees & costs awarded 3rd-party Defendant flooring subcontractor and against Defendants/Counterclaimants contractor, realtors, and their joint counsel in convoluted litigation over hardwood flooring finish… subpoena for discovery as to whether fees or costs were paid by insurer denied as irrelevant to reasonableness… motion for relief from sanctions denied… Larson. [Read more…]
Fraud, $1,724,000 verdict, veterans help scam
FRAUD: $1.724,000 verdict against purported former Marine officer for inducing Plaintiff to invest in failed oilfield cleaning venture intended to help veterans affirmed… Allison affirmed (IOR I-3(c)). [Read more…]
Preliminary injunction, cattle breeding dispute
PRELIMINARY INJUNCTION in cattle breeding dispute properly issued on remand for findings & conclusions, although some findings & conclusions went beyond the appropriate inquiry… Larson affirmed (IOR I-3(c)). [Read more…]
Sanctions, wrongful discharge, training records spoliation
SANCTIONS: Default judgment denied on wrongful discharge claims by allegedly disabled psychiatric therapist trainee due to spoliation of training documents and discovery abuses, but sanctions ordered to place her in position she would have been in with extended discovery and adverse inference instruction as to spoliated documents… Christensen. [Read more…]
Insurance, aircraft passenger liability stacking
INSURANCE: Estate of decedent airplane passenger not entitled to stack 3 aircraft liability policies… certified question answered for Christensen. [Read more…]