MALICIOUS PROSECUTION: Rehearing denied as to holding that claim against law firm was improperly dismissed… order. [Read more…]
Malicious prosecution claim against law firm
MALICIOUS PROSECUTION claim against law firm properly dismissed based on judicial estoppel for failure to disclose criminal fraud charges in bankruptcy schedules, improperly dismissed based on failure to disclose civil fraud claim… reasonableness of firm’s investigation of Plaintiff’s role in foreclosure must be resolved by a jury… Wilson affirmed, reversed. [Read more…]
Work comp, after-work MVA injuries, going & coming
WORK COMP: After-work MVA injuries precluded by going & coming rule… Molloy affirmed (memorandum). [Read more…]
Insurance, indemnification, T-panel roof system failure
INSURANCE: Fact issues preclude summary judgment that CGL insurer has no duty to indemnify contractor for $441,770.83 judgment for damages to condos from failure of T-panel systems intended to melt roof snow & ice… Christensen. [Read more…]
Guardian/conservator appointment
GUARDIAN/CONSERVATOR: Permanent appointment properly made over siblings’ objections… Deschamps affirmed (IOR I-3(c)). [Read more…]
Illegal execution, law firm, 12(b)(6) dismissal
ILLEGAL EXECUTION: Conversion, abuse of process, wrongful levy claims against law firm alleging wrongful seizure of everything in home “not nailed down” to leverage settlement of $482,499 land sale verdict improperly dismissed for failure to state claim… constitutional claims properly dismissed… Stadler, reversed, [Read more…]
Guardianship, venue
GUARDIANSHIP: Venue properly changed from county of residency at time of petition to county of assisted living facility… Ulbricht affirmed. [Read more…]
Attorney discipline, intra-firm conflicts
ATTORNEY DISCIPLINE: Public admonitions to be imposed by COP for intra-firm conflicts in estate matter, following discussion of whether “minor misconduct”/attorney privacy require public or private admonition… COP. [Read more…]
Insurance, CGL/umbrella “additional insured”
INSURANCE: General contractor is “additional insured” under subcontractor’s CGL/umbrella policies, insurers have duty to defend subcontractor’s employee’s injury claim arising out of gas line rupture… Molloy. [Read more…]
Sanctions, $4,000, Rule 11(b)(2), res judicata
SANCTIONS: $4,000 11(b)(2) sanctions against Plaintiff’s attorney, reduced from $14,498 requested by time not related to relevant motion and because of ease of resolution of res judicata issues… Molloy. [Read more…]