TRUST: Fact issues preclude summary judgment on 4 of 5 issues involving family trust conflicts of interest… Vannatta reversed, affirmed. [Read more…]
Title insurance, counterclaims against insureds
TITLE INSURANCE: Insurer properly held not obligated to defend insured against counterclaims… Owen affirmed. [Read more…]
Probate, estate reopening, stock pledge value discovery
PROBATE: Estate closed in 2013 properly reopened in 2022 after PR discovered value of stock pledge… Vannatta affirmed. [Read more…]
ADA, depression/anxiety accommodation
ADA: Claim of failure to accommodate depression & anxiety by transfer to position with limited or no contact with a co-worker properly rejected… DeSoto affirmed (memorandum). [Read more…]
Disabilities discrimination, co-worker conflict
DISABILITY DISCRIMINATION: Request to be reassigned to a position with no contact with a co-worker who was causing anxiety & depression not reasonable on its face or in the run of cases, no need to resort to sham affidavit rule as to whether Plaintiff requested no contact or merely limited contact… DeSoto. [Read more…]
Settlement challenge, banks’ “check kiting” scheme
SETTLEMENT CHALLENGE: Adversary proceeding against Debtors’ banks alleging involvement in check-kiting scheme barred by settlement and general release 6 years earlier… proceeding dismissed with prejudice based on collateral estoppel after allowing Trustee to amend complaint to address defects requiring dismissal of prior complaint… Holt. [Read more…]
$357,000 net verdict, joint real estate ventures
VERDICT: $400,000 for unjust enrichment to Estate of deceased partner in joint real estate ventures, $43,000 to Defendant partner for fraud/constructive fraud/deceit by deceased partner. [Read more…]
Settlement challenge, banks’ check-kiting scheme
SETTLEMENT CHALLENGE: Adversary proceeding against 2 of Ch. 11 Debtors’ banks alleging involvement in check-kiting scheme barred by settlement and general release 5 years earlier… passive nondisclosure not grounds to invalidate release… adversary proceeding dismissed for failure to state claim but Trustee granted limited leave to amend… Holt. [Read more…]
Title insurance, policy v. preliminary commitment duty
TITLE INSURANCE: Statutes governing issuance of a title policy do not impose a duty with respect to the offer of insurance in a preliminary commitment… claims by sellers in failed transaction stemming from failure to insure for legal access properly rejected… Hayworth affirmed. [Read more…]
$120 million+ settlement, Big Tobacco breach of contract
SETTLEMENT: $120 million+ to State from Big Tobacco for breach of contract and tort claims for allegedly intentionally evading obligations under 1998 Master Settlement Agreement. [Read more…]