Quiet Title Act: Challenge of public use of road across private land per FS easement barred by law of case and statute of limitations… Christensen affirmed. [Read more…]
Quiet Title Act, public use of road across private land
Quiet Title Act: Challenge of public use of road across private land per FS easement improperly dismissed based on statute of limitations… §2409a(g) is a nonjurisdictional claims-processing rule… Christensen, 9th Circuit reversed. [Read more…]
Quite Title Act statute of limitations, FS easement
Quiet Title Act: Challenge of public use of road across private land per FS easement properly dismissed based on statute of limitations… Christensen affirmed. [Read more…]
Trust indenture, purchaser/encumbrancer
TRUST INDENTURE of subsequent lender who had no knowledge of prior assignment valid under bona fide [Read more…]
Insurance, “tough love” school suicide
INSURANCE: CGL/excess insurers had duty to defend “tough love” school against teen suicide claims, liable for $3 million consent judgment plus $568,767 interest… $1,188,399 fees improperly awarded based on judgment and contingency in underlying case, remanded for recalculation on [Read more…]
$1,594,282 default judgment, developer loans
DEFAULT JUDGMENT on $1,594,282 loans properly not set aside where sophisticated developer who ignored summons claims he “assumed” his attorney was handling the matter… Christopher affirmed. [Read more…]
Suicide liability, troubled teen school, foreseeability
SUICIDE LIABILITY: Foreseeability evidence improperly limited to what troubled student knew; what operator of tough love boarding school and entity providing program policy knew and whether it was designed to treat suicidal teens also relevant… settlement of school did not settle [Read more…]
Insurance, duty to defend, troubled teen suicide
INSURANCE: Insurers had duty to defend entity purporting to find boarding school placements for troubled teens, coverage not barred by “professional” exclusion in light of non-professional conduct including panicked school employee failing to aid potentially suicidal teen found [Read more…]
Defense, semi-pickup collision, 4 Plaintiffs
VERDICT: Defense, semi-pickup collision, 4 Plaintiffs, rotator cuff, soft-tissue neck/back, mild traumatic brain. [Read more…]
Medicaid, excessive reimbursements, class action
MEDICAID: 5-year statute (not applied to retroactive application of Ahlborn in class action alleging excessive 3rd-party Medicaid [Read more…]