DEFAULT JUDGMENT against pro se home inspector with no hearing to establish damages solely because he was the only Defendant without resources to navigate the system and driving him to bankruptcy by liability that did not exist in first place miscarriage of justice… remanded to direct Plaintiff to reimburse for amounts recovered out of $270,809 judgment… appeal not mooted by bankruptcy discharge… McNeil reversed. [Read more…]
Insurance, Real Estate Professional E&O Policy
INSURANCE: “Claim” per claims-made-and-reported Real Estate E&O Policy must be made within policy period, not extended reporting period… claim was made when Realtor received notice of suit following expiration of policy period, not 7 months earlier when suit was filed, was untimely, insurer not required to defend or indemnify $2,191,828.90 consent judgment… Molloy. [Read more…]
Fraudulent investment scheme, 5 Defendants
FRAUDULENT INVESTMENT SCHEME: Convictions/sentences of 4 Defendants affirmed, 1 conviction reversed… Haddon affirmed, reversed (unpublished). [Read more…]
Parental termination, “be nice” requirement
PARENTAL TERMINATION: Father’s failure to “be nice” properly considered in termination… Newman affirmed (IOR I-3(d). [Read more…]
Sentencing, restitution/reimbursement
SENTENCING: Lenihan review of 1994 restitution/ reimbursement challenge declined as objectionable rather than illegal… claim that garnishment of tribal payments violates “bad men” provision of 1868 treaty not reached… McKeon affirmed (IOR I-3(d)). [Read more…]
Unjust enrichment, co-Defendant Diocese liability
UNJUST ENRICHMENT: Claim that Diocese is separate from co-Defendant Indian school to be resolved on remand, rehearing denied… order. [Read more…]
Unjust enrichment, Indian school fundraising
UNJUST ENRICHMENT claims may arise from Indian school’s alleged failure to distribute equitable shares of funds to Tribe which it obtained by marketing plight/need of Tribe… forensic accounting cause supplanted by discovery rules… contract, negligent misrepresentation, fraud, conversion, cultural [Read more…]
Insurance, duty to insure/repair rental
INSURANCE: Trustee of trust which owned house damaged by fire not liable to gratuitous tenants for failure to insure or expedite repairs… Lynch/Molloy. [Read more…]
Assault, home self-defense
ASSAULT: Standard instruction on self-defense adequate for home incident, additional instruction emphasizing home self-defense not required by recent Supreme Court decisions… [Read more…]