WAGES: DLI not required to serve employer in accordance with Rule 4 when applying for enforcement of judgment pursuant to §39-3-212(1) but must give employer notice under a Rule 5(b) service alternative… petition for supervisory control treated as one for declaratory judgment. [Read more…]
Judge disqualification, his own consent judgment
JUDGE DISQUALIFICATION: Judge presiding over insurer’s challenge of $10 million accounting malpractice consent judgment should have been disqualified in light of his insurer’s challenge of sexual harassment consent judgment with court reporter… orders upholding consent judgment properly vacated by new judge… Fagg affirmed. [Read more…]
Oil/gas, 3/5th royalty reservation interpretation
OIL/GAS: English professor improperly allowed to interpret 3/5th royalty reservation… ambiguity improperly resolved in Defendants’ favor… laches improperly applied… Cybulski reversed. [Read more…]
Subdivision, $650,000, application denial
SUBDIVISION: Denial of application reversed, remanded for approval with conditions, $650,000 for delay resulting from denial without substantial supporting evidence… JML at conclusion of advisory jury trial… Huss. [Read more…]
Real estate negligence, duty of seller’s agent
REAL ESTATE NEGLIGENCE: Seller’s agent did not owe buyers a duty to inspect or discover mold or inform that sellers had attempted to remediate water damage themselves, properly dismissed on summary judgment… 1st impression construction of statutes that replaced common law duties… Gustafson affirmed. [Read more…]
Insurance, auto policy renewal nonpayment
INSURANCE: Auto policy properly canceled for nonpayment of renewal premium, no coverage for loss of new truck… Bidegaray affirmed. [Read more…]
ERISA, stem cell transplant, systemic sclerosis
ERISA: Claims Administrator acted legally but perhaps not morally in denying preapproval of stem cell transplant for systemic sclerosis pursuant to Plan’s experimental/investigational exclusion despite claim by doctors that it is medically necessary to prevent death… Molloy. [Read more…]
Title insurance, subdivision access
TITLE INSURANCE: Endorsement correctly found to cover losses if future development not accessible via specified roads in existing subdivisions… Huss affirmed. [Read more…]
Insurance, stacking v. bad faith, supervisory
INSURANCE: Supervisory control of Jones as to stacking order denied in light of other issues including bad faith… MVA Defendant assigned claims against insurer to Plaintiffs in exchange for covenant not to execute on $5,250,000 consent judgment… order. [Read more…]
Defense verdict, insurance bad faith
VERDICT: Defense, alleged insurance bad faith in claim against law firm credit card collection case. [Read more…]