ESTATE PROPERTY/TRUST claims properly resolved in favor of Defendants on summary judgment and bench trial except attorney fees improperly awarded without reasonableness hearing… Allison affirmed, reversed (memorandum). [Read more…]
Easement, subject jurisdiction, necessary parties
EASEMENT: Motion to dismiss claims by Defendants for lack of subject jurisdiction for failure to name all necessary parties to easement dispute properly rejected, necessary party issue may be taken up on remand from interlocutory appeal… Allison affirmed (memorandum). [Read more…]
Insurance, challenges to GEICO’s subrogation
INSURANCE: Challenges to GEICO’s subrogation practices properly rejected as not allowable under UTPA… Molloy affirmed (memorandum). [Read more…]
Insurance, 3rd run at GEICO subrogation rejected
INSURANCE: Third Amended Complaint fails to save previously rejected challenges to GEICO’s subrogation practices, no further amendment allowed… Molloy. [Read more…]
Insurance, subrogation practices, UTPA preemption
INSURANCE: Putative class Plaintiffs’ request for declaratory judgment as to GEICO’s subrogation practices preempted by UTPA, but amendment permitted to bring proper UTPA claim… Molloy. [Read more…]
UEF claimant’s medical records protected
Purported employer not entitled to claimant’s medical records from UEF… Sandler. [Read more…]
Insurance, jurisdiction, non-contracting entities
INSURANCE: Personal jurisdiction found over non-contracting GEICO entities in 2nd amended complaint challenging subrogation practices… Molloy. [Read more…]
Insurance, GEICO’s subrogation practices
INSURANCE: Motion to dismiss putative class action challenging subrogation practices of GEICO and related entities granted in part including rejection of boilerplate allegations of personal jurisdiction over non-contracting entities based on a conspiracy theory… Molloy. [Read more…]
Foreclosure, remand from law of case Opinion
FORECLOSURE: Rule 60 motion for relief from judgment properly denied, summary judgment for Lenders properly granted, on remand from law of case Opinion… Wilson affirmed (IOR I-3(c)). [Read more…]
Foreclosure, deed of trust statute of limitations
FORECLOSURE: Enforcement of deed of trust not time-barred, but breach of contract/covenant, FDCPA, CPA claims improperly dismissed pursuant to Rule 12(b)(6). . . NIED/IIED claims properly dismissed. . . Wilson affirmed, reversed. [Read more…]