VERDICT: $4,373,138.50 to contractor against engineers for City water & sewer main replacement contract termination… $650,000 settlement with City with confessed judgment/assignment of claims against engineers. [Read more…]
Attorney disqualification, prospective client
ATTORNEY DISQUALIFICATION: Rifle manufacturer’s national counsel improperly used fact that Plaintiffs had been turned down by local counsel to intimidate and create impression they had bad case… national and local firms properly disqualified… Salvagni affirmed. [Read more…]
Appeal procedure, marijuana ruling postponement
APPEAL PROCEDURE: Rehearing denied as to Opinion upholding most of 2011 Medical Marijuana Act including 3-person limit on patients, but effective date postponed to 8/31/16 to provide transition period, request to postpone to next Legislature denied… order. [Read more…]
Insurance, “accidents”/”intentional,” house collapse
INSURANCE: MSC inconsistencies clarified, “accidents” may include intentional acts if damages not objectively intended or expected by the insured… fact issues as to collapse of lake house during remodel preclude summary judgment as to CGL coverage… Ortley reversed. [Read more…]
Medical marijuana, 2011 Act rulings
MEDICAL MARIJUANA: Rulings on 2011 Act affirmed, reversed… Reynolds affirmed, reversed. [Read more…]
Public access, $375,000 for bridge restoration
PUBLIC ACCESS EASEMENT: Advisory jury’s verdict of $375,000 properly adopted as supplemental declaratory relief for “restoration” of public access bridge that had been moved from canal crossing… fees/ costs properly awarded PLWA, but improperly ordered taken out of $375,000 restoration fund, remanded for separate award… Olson affirmed, reversed. [Read more…]
Gas, “at the well” rule, royalty claims
GAS: “At the well” rule defeats royalty contract/ fraud claims… Cebull affirmed (unpublished). [Read more…]
Attorney disqualification, supervisory control
ATTORNEY DISQUALIFICATION: Supervisory control of J. Brown’s refusal to disqualify counsel denied for lack of showing breach of Joint Defense Agreement or violation of RPC or statutes governing practice… order. [Read more…]
$410,000 verdict, bridge easement interference
VERDICT: $410,000, tortious interference with public easement over bridge, public nuisance… trial following Supreme Court ruling that public prescriptive easement not limited to bridge destroyed by wildfire, includes replacement bridge in place at time of prior MSC decision which became law of case. [Read more…]
Public access, county road/bridge to river
PUBLIC ACCESS: Public road right-of-way established by prescription includes land necessary for maintenance, safe/convenient use, not just part traveled, separate secondary easement not applicable to determine width… [Read more…]