DISCOVERY responses compelled in dispute as to the value of membership interests upon sale of one entity and public offering of another… Plaintiffs entitled to fees & costs for bringing the motion which was precipitated by responses being evasive, boilerplate, and not consistent with rules… Brown. [Read more…]
Low-income housing partnership, valuation appraisal
LOW-INCOME HOUSING LP appraised with discounted cash flow methodology at $640,000 rather than Defendant’s sale value method at $3,953,124… Morris. [Read more…]
Insurance, tripartite premium-financed life insurance
INSURANCE: Motions to dismiss claims involving complex tripartite premium-financed life insurance mostly rejected… Christensen. [Read more…]
Student loan refunds, class action defense verdict
STUDENT LOAN REFUNDS: Defense verdict as to class action against UM affirmed… Vannatta affirmed. [Read more…]
Duties of skier, snowboarder crash into stopped skier
DUTIES OF SKIER: Snowboarder negligent per se in colliding with stopped skier… fact issues preclude summary judgment as to causation for injuries and comparative negligence… Breuner. [Read more…]
Supervisory control, rulings would increase complexity
SUPERVISORY CONTROL based on claim that Vannatta’s rulings will increase complexity of inherently dangerous falling bundle of posts case denied… Order. [Read more…]
Insurance, residential construction policy insureds
INSURANCE: Because no named Defendant is an insured under residential construction policy involving convoluted business entities there is no coverage and insurer has no duty to defend against claim by trucker injured by falling bundle of posts… Vannatta. [Read more…]
Rape of group home resident, State/home duty of care
RAPE: Developmentally disabled resident of group home who was raped by employee was not owed nondelegable duty of care by the State but was owed duty by the home… Menahan affirmed, reversed. [Read more…]
FTCA/Indians, high-speed pursuit deaths/injuries
FTCA/INDIANS: Material fact issues preclude summary judgment as to discretionary function exception and contributory negligence of drivers of 2 vehicles involved in high-speed pursuit Reservation accidents… Morris. [Read more…]
Inherently dangerous activity, 60-foot roof spans
INHERENTLY DANGEROUS ACTIVITY: Installation of 60-foot long-span roof trusses is inherently dangerous as a matter of law, required special safety precautions to mitigate against the peculiar risks… general contractor potentially liable for injuries suffered by subcontractor’s laborer due to falling truss… Halligan. [Read more…]
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