WATER SYSTEM NEGLIGENCE: Summary judgment rulings in case involving failure of water supply system resulting in residence becoming unhabitable… statute of repose applicable to designer/builder of system, not to “materialman” supplier of pipe fittings… Allison. [Read more…]
Insurance, CGL, subsequently constructed building
INSURANCE: CGL policy purchased for premises containing office, warehouse, and shop space does not cover a subsequently constructed tank wash building that was destroyed by fire… Watters. [Read more…]
Insurance, libel defend/indemnify, amount jurisdiction
INSURANCE: Duty to indemnify in libel action not ripe for declaratory judgment, stayed pending disposition of libel action or resolution of duty to defend claim… amount in controversy basis for federal jurisdiction satisfied regardless of whether adjudication of indemnity claim is deferred… Cavan. [Read more…]
Appellate procedure, PERS unfunded actuarial liability
APPELLATE PROCEDURE: Declaratory judgment regarding impact on PERS unfunded actuarial liability by county’s decision to privatize health center denied… order. [Read more…]
Rule 11 sanctions, questionable tactics by both sides
RULE 11 SANCTIONS request by Defendants against Plaintiff in intellectual property case denied, both sides rapped for dog fight and questionable tactics… Molloy. [Read more…]
Intellectual property, fired software developer
INTELLECTUAL PROPERTY: Software developer’s intellectual property appropriation and wrongful discharge/disability discrimination claims dismissed on summary judgment… Molloy. [Read more…]
Sexual harassment, gravamen, allegations against officer
SEXUAL HARASSMENT: Gravamen of dispatcher’s allegations against officer of repeated and unwanted sexual advances sound in discrimination rather than tort, HRA provides the exclusive remedy. . . dismissed for failure to exhaust HRA. . . Berger. [Read more…]
Stay, forum non conveniens, Libby asbestos
STAY: Libby asbestos insurance coverage suit filed in Montana by BNSF against 3 insurers stayed pursuant to forum non conveniens in light of Texas litigation… lack of necessary/indispensable parties, first to file, crowded Montana docket not reasons for stay… Moses. [Read more…]
Probate, alleged fraud by decedent’s husband/PR
PROBATE: Claim that motorcycle decedent’s husband/PR defrauded stepson by not suing himself as driver of motorcycle barred by statutes of limitation and failure to properly plead fraud… Murnion. [Read more…]
Interpleader, wildfire insurance claims
INTERPLEADER intended to equitably distribute all insurance proceeds notwithstanding 2 judgments against insured and execution writs against $1 million CGL proceeds stemming from wildfire affecting 35 neighbors… deposit of proceeds not required at time interpleader was commenced, proceeds deposited after Federal Court found coverage were part of res… Menahan affirmed. [Read more…]