ELECTRIC COOP: Claims that coop breached “contract” by not refunding capital annually properly dismissed as barred by 8-year statute. . . Eddy affirmed. [Read more…]
Appellate procedure, overlength brief
APPELLATE PROCEDURE: Appellee in house construction/insurance dispute granted overlength brief to 15,000 words. . . order. [Read more…]
Attorney fees/costs, $925,619.87, collusive judgment
ATTORNEY FEES: Requested $781,751.90 fees and $143,867.97 costs awarded insurer’s attorneys who got $17 million confessed judgment for refusal to defend overlapping entity in construction dispute reduced to $2,432,010 in remanded reasonableness hearing which found unreasonableness and collusion… Eddy. [Read more…]
Constitutional initiative, CI-116, separate votes
CONSTITUTIONAL INITIATIVE: CI-116 (Marsy’s Law) violative of Constitution’s separate vote requirement, void in entirety… original proceeding. [Read more…]
Police pay, longevity, $2,738,145.12 judgment
POLICE PAY: CBAs’ longevity provisions improperly found unambiguous while excluding City’s extrinsic evidence but selectively relying on Officers’… $2,738,145.12 judgment reversed, remanded for retrial with extrinsic evidence… Swandal/Gilbert reversed. [Read more…]
Confessed judgment, $12 million cut to $2,432,010
CONFESSED JUDGMENT: $12 million for refusal to defend overlapping entity in construction dispute reduced to $2,432,010 following remanded reasonableness hearing and finding of unreasonableness and collusion… Eddy. [Read more…]
Attorney disqualification, $12 million confession
ATTORNEY DISQUALIFICATION: Attorneys representing both entities (both owned by same individual) in residential construction dispute disqualified from reasonableness hearing into $12 million confessed judgment against insurer that refused to defend/indemnify one of the entities… Eddy. [Read more…]
Attorney disqualification, $12 million confession
ATTORNEY DISQUALIFICATION: Attorneys representing both entities (both owned by same individual) in residential construction dispute disqualified from reasonableness hearing into $12 million confessed judgment against insurer that refused to defend/indemnify one of the entities… Eddy. [Read more…]
COPP, term expiration, 1/1/17 v. 6/10/19, 2
COPP: Motl’s term expired 1/1/17 per appointment and confirmation, not 6/10/19 (6 years after appointment), but Motl remains until successor is appointed and qualified… supervisory control order. [Read more…]
Insurance, stipulated $29 million reasonableness
INSURANCE: Reasonableness of $29 million stipulated judgment for breach of duty to defend improperly considered solely from perspective of uninsured Defendants, remanded for 2nd hearing and objective consideration of merits of underlying case and value to a prudent uninsured of confessing judgment… ESOP payouts not required to be deducted from $29 million but may be considered in reasonableness of settlement… Plaintiffs will be entitled to postjudgment interest if settlement approved following 2nd hearing, but not to prejudgment interest… Townsend reversed, affirmed. [Read more…]