LENDING BREACH: Montana law improperly applied over Michigan contract provision… under Michigan law constructive fraud, prospective economic advantage, and deceit would not have been permitted to go to jury as stand-alone tort, only remaining claims are contractual in nature, do not provide basis for punitives… improper evidence of failure to use TARP money for borrower irrelevant, prejudicial, could have influenced jury… $52,037,593 verdict for start-up international office products facility based in Butte that failed when accounts were swept reversed, remanded for new trial on contract claims… punitives cap vis-à-vis $10.5 million award not addressed… Krueger affirmed, reversed. [Read more…]
Lending breach, $52,037,593 verdict appeal issues
LENDING BREACH: Issues narrowed in appeal of $52,037,593 verdict including punitives cap constitutionality… order. [Read more…]
$155,930 discovery sanctions
SANCTIONS: $155,990.39 for discovery abuse… not necessary to compare opposing counsel’s fees… default too severe as no bad faith in responding to discovery following sanctions order… Krueger. [Read more…]
Discovery, sanctions against lender liability bank
DISCOVERY: Fees/costs/expenses against bank in $22 million lender liability case for discovery abuses including attempting to usurp Court’s authority as to what is relevant, default on liability too severe… Krueger. [Read more…]