ARBITRATION: Defendant waived right to compel arbitration after reentering litigation following default set aside without asserting the right… Breuner affirmed. [Read more…]
$4,050 net verdict, construction lien/contract
VERDICT: $4,050 net to contractor on construction lien after offset of $41,700 awarded to home owners on construction defects counterclaim… contractor entitled to fees/costs on lien foreclosure, neither party entitled to costs on legal claims as neither prevailed. [Read more…]
Buy-sell, failure to obtain committee approval of home
BUY-SELL: Failure to obtain Architectural Committee approval of home not specifically stated as circumstance in which the buy-sell terminates, not grounds for termination, summary judgment for buyer on contract claim… material fact issues as to whether seller breached the implied covenant by interfering with the committee’s approval so he could terminate the buy-sell… buyer entitled to attorney fees per buy-sell… Rienne McElyea. [Read more…]
Defense verdict, campground business claims
VERDICT: Defense, campground business claims following breakup of 40-year romantic relationship. [Read more…]
Attorney fees/costs, aborted town officers recall
ATTORNEY FEES/COSTS properly denied town officers in aborted recall action. . . Bidegaray affirmed. [Read more…]
Recall, Mayor/Aldermen, deficient petitions
RECALL: Permanent injunction against recall of Whitehall Mayor and Aldermen due to deficient/nonconforming petitions and circulation sheets… Bidegaray. [Read more…]
Negligence, MOSHA, independent contractor
NEGLIGENCE: MOSHA not applicable to independent framing contractor injured while helping lift a wall which fell on him… testimony relating to “rules” at construction site properly excluded… dismissed party denied appeal fees/costs for claimed improper joinder to appeal… defense verdict affirmed… J. Brown affirmed. [Read more…]
$138,195, negligent issuance of loan, forged ROT
VERDICT: $138,195 (85/15), punitives liability, negligent issuance of loan based on forged resignation-of-trustee document… settled for undisclosed amount. [Read more…]
Discovery, subrogation, untimely RFA response
DISCOVERY: Amount of insurance subrogation deemed admitted under Rule 36(a)(3) for untimely response to RFAs… J. Brown. [Read more…]
Defense verdict, dropped newly framed wall, back
VERDICT: Defense, dropped newly framed wall, claim of common law negligence following $332,000 comp settlement, lumbar burst fracture. [Read more…]