ARBITRATION provisions in $450,000 “rent-a-bank” loan unenforceable because of ambuity as to waiver of right to jury… Breuner affirmed. [Read more…]
Arbitration, arbitrability for the Court to decide
ARBITRATION: For the Court rather than arbitrator to decide whether arbitration provisions in a Business Promissory Note and Security Agreement are valid & enforceable… Breuner affirmed. [Read more…]
Foreclosure, Canadian oilman’s Whitefish property
FORECLOSURE of Canadian oilman’s loan on Whitefish vacation property and $8,320,661 judgment properly granted under Montana law for foreclosure and NY law for defenses/counterclaims… Ortley affirmed. [Read more…]
Real estate development, “muddled & chaotic case”
REAL ESTATE DEVELOPMENT: Summary rulings in “muddled and chaotic case” in which no party substantially prevailed affirmed… no fees per prevailing party or derivative claim statute… Jones affirmed. [Read more…]
$964,932 default judgment, ranch sale, spring flow
DEFAULT JUDGMENT: $964,931.63 including $380,875 punitives to seller in ranch sale in which buyer alleged misrepresentation of spring flow… Cybulski. [Read more…]
Procedure, confusing complaint, dismissal
PROCEDURE: Confusing pro se complaint against homeowner association improperly dismissed for failure to state claim, alternative motion for more definite statement should have been granted… Cybulski reversed (IOR I-3(d)). [Read more…]