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…]
Sanctions, frivolous/vexatious, counsel & clients
SANCTIONS: Court’s “clarification of application of order” finding counsel and clients in defective flooring case liable for sanctions for frivolous/vexatious conduct provided for new counsel… Larson. [Read more…]
Defendant threatened suicide if had to be deposed again
SUPERVISORY CONTROL of Dayton to terminate deposition of deponent who threatened suicide if he had to endure a 3rd deposition denied… order. [Read more…]
Wrongful detainer, defenses/counter-claims time-barred
WRONGFUL DETAINER: Foreclosed homeowners’ affirmative defense to wrongful detainer claim and 3rd-party claims against bank and loan servicer barred by res judicata by Federal Court statute of limitations judgments on challenge to foreclosure as claims could have been pled in federal case… Halligan affirmed (memorandum). [Read more…]
Trust v. TOD beneficiary designations
TRUST: TOD designations controlled distribution of investment accounts, decedent’s failure to follow through with stated intent to transfer accounts to Trust made them nonprobate transfers to designated beneficiaries, Trustee’s claim of unjust enrichment properly rejected. . . Larson affirmed. [Read more…]
Sanctions, $30,847.68, dental suit attorney
SANCTIONS: $30,847.68 properly re-imposed against dental suit attorney on remand after excising fees attributed to FDCPA claim… Halligan affirmed (IOR I-3(c)). [Read more…]
Debt collection/sanctions, dental bill
DEBT COLLECTION/SANCTIONS: Summary judgment properly granted on FDCPA dental bill claim, but on basis that fees & charges were authorized by contract or law, not for failure to quickly dispute claim… attorney properly sanctioned $2,000 for missing hearing without notice of illness, $10,000 for disrespect of Court… $65,911 improperly assessed for frivolous suit in light of this Court’s finding that FDCPA claim not entirely frivolous, remanded for reconsideration… McLean affirmed (other grounds), reversed. [Read more…]
Insurance, wood pyrolysis, restaurant fire
INSURANCE: Even if exposure of wood to excessive water heater exhaust temperatures created harmful conditions due to pyrolysis, that condition did not result in property damage from “occurrence” during policy period, restaurant fire after policy termination not covered, summary judgment no coverage/duty to defend properly granted… counterclaims dependent on coverage properly dismissed with prejudice… Allison affirmed. [Read more…]
Probate, Illinois farm partnership, Montana UPC
PROBATE: Illinois farm partnership interest properly held to pass to lineal descendants/siblings under Montana UPC… “heirs” in LP agreement refers to designees under intestate succession law of state of demise (Montana) of decedent who had a will but no surviving spouse or descendants… Deschamps affirmed. [Read more…]
Sanctions, notice, $30,041 website defamation
SANCTIONS: Claimed lack of proper notice of reasonableness hearing defeated by Court setting “a different time” per 6(c)(1)(C)… $30,041 judgment for attorney on website defamation claim including fees assessed against Defendant for improper appeal affirmed… Larson affirmed (IOR I-3(d)). [Read more…]