BANKRUPTCY: Debtor’s interest in $400 million marital estate improperly excluded in determining insolvency at time of $13 million loan for fraudulent transfer purposes… lender’s challenge of holding that res judicata precluded Trustee’s usury claim waived… Kirscher/Christensen affirmed, reversed (unpublished). [Read more…]
Marital, hospice businesses, equitable v. equal
MARITAL: Division of $7 million estate with 2 hospice businesses equitable if not equal… McLean affirmed (IOR I-3(c)). [Read more…]
Marital, mega-estate, premarital assets
MARITAL: Premarital assets properly included in mega-estate, which was then equitably distributed… Allison affirmed (IOR I-3(c)). [Read more…]
Age discrimination, Apprentice Committee
AGE DISCRIMINATION: Fact issues preclude summary judgment as to agency relationship between Defendant and Apprentice Training Committee whose members’ statements form basis of claim… HRC/Larson affirmed. [Read more…]
Water, diversion dispute, preliminary injunction
WATER: Preliminary injunction properly granted in diversion dispute… Haynes affirmed. [Read more…]
CBA, exhaustion, arbitration, master electrician
CBA covers master electrician’s numerous claims which all derived from assertion that employer let unqualified employees do electrical work, CBA remedies including arbitration must be exhausted before suing, summary judgment improperly denied for employer… McLean reversed (IOR I-3(c)). [Read more…]
UI, electrician quit due to co-worker stress
UI properly denied electrician who quit from stress over non-electricians doing electrical work… Larson affirmed. [Read more…]
Insurance, Real Estate Professional E&O Policy
INSURANCE: “Claim” per claims-made-and-reported Real Estate E&O Policy must be made within policy period, not extended reporting period… claim was made when Realtor received notice of suit following expiration of policy period, not 7 months earlier when suit was filed, was untimely, insurer not required to defend or indemnify $2,191,828.90 consent judgment… Molloy. [Read more…]
FELA, post-injury termination evidence
FELA: Supervisory control of Menahan as to denial of post-injury termination evidence denied… order. [Read more…]
Indians, tribal college nursing terminations
INDIANS: FCA, whistleblower, other claims relating to termination of tribal college nursing staff dismissed based on sovereign immunity… claims against Board Members personally may still be viable… Morris. [Read more…]