VERDICT: Defense, motorcycle crash into U-turning truck. [Read more…]
Class action, undersized dumpsters
CLASS ACTION claims against waste management entity providing undersized dumpsters properly certified over issues of common questions of law & fact and ascertainability of class members in early stage of litigation… Marks affirmed. [Read more…]
Lakeshore dock, Lakeshore Protection Act, easement
LAKESHORE DOCK does not interfere with navigation or lawful recreation because Plaintiff does not have right to access cove in 18-foot ski boat when smaller crafts remain unimpeded… Lakeshore Protection act, prescriptive easement, nuisance claims properly rejected… Larson affirmed. [Read more…]
Title insurance, rehearing denied in convoluted case
TITLE INSURANCE: Rehearing denied in convoluted title insurance case… Order. [Read more…]
Title insurance, “Pro Forma” commitments, subdivision
TITLE INSURANCE: Claims against title insurer’s agency properly rejected in convoluted case involving subdivision “lots,” proposed reconfigured divisions into “parcels” or “tracts” which never happened, and “Pro Forma” commitments with unmet requirements… Marks affirmed (other grounds). [Read more…]
Class certification, garbage dumpster sizes
CLASS CERTIFICATION granted as to claims that garbage service provided smaller dumpsters than contracted or represented… Marks. [Read more…]
Sanctions, frivolous/vexatious, counsel & clients
SANCTIONS: Court’s “clarification of application of order” finding counsel and clients in defective flooring case liable for sanctions for frivolous/vexatious conduct provided for new counsel… Larson. [Read more…]
Article III standing, wrongfully withheld sales tax
ARTICLE III STANDING lacking in class suit against multi-level marketer who over-refunded wrongfully withheld sales tax before Plaintiff sued… DeSoto/Morris. [Read more…]
Libel, insurance agent wrongly “no longer available”
LIBEL: Claims relating to letter to insurance agent’s clients erroneously stating that he was no longer appointed to represent insurer properly rejected on summary judgment for failure to show defamation per se… Molloy affirmed (memorandum). [Read more…]
Preliminary injunction, cattle breeding dispute
PRELIMINARY INJUNCTION in cattle breeding dispute properly issued on remand for findings & conclusions, although some findings & conclusions went beyond the appropriate inquiry… Larson affirmed (IOR I-3(c)). [Read more…]