VERDICT: $2.7 million, NIED, widow of motorcyclist killed by UIM drunk driver, insurance bad faith… summary judgment that insurer breached by refusing to unconditionally pay undisputed UIM. [Read more…]
Lending breach, loan modification, notary defects
LENDING BREACH: Failure to comply with notary law invalidated 1st attempt to accept loan modification offer, but fact issues preclude summary for bank as to 2nd & 3rd attempts… no special debtor/creditor relationship that would support tortious breach of the covenant… fact issues as to bank’s representations preclude summary judgment on fraud, deceit, intentional/negligent [Read more…]
$900,000 settlement, city pool heart attack death
SETTLEMENT: $900,000, failure to timely respond to heart attack at City pool, have AED on-site, death… summary judgment rejection by Knisely of City’s negligence/public duty claims. [Read more…]
Arbitration, Internet payday loan
ARBITRATION clause in website payday loan agreement unconscionable contract of adhesion, falls outside consumer’s reasonable expectations, properly deemed unenforceable… Fagg affirmed. [Read more…]
Foreclosure, deed of trust, beneficiary’s agent
NONJUDICIAL FORECLOSURE: MERS properly acted as beneficiary’s agent under deed of trust, is not a “beneficiary” under STFA… plausible negligence claim stated by claim that [Read more…]
Jurisdiction/arbitration, payday loan website
JURISDICTION/ARBITRATION: Personal jurisdiction exercised over payday loan website entity with specific Montana page, not over separate entity… arbitration clause contract of adhesion, “I agree” click not waiver of jury, AT&T Mobile/Kortum-Monaghan tension resolved in [Read more…]
Insurance, UTPA/bad faith, collection firm insurer
INSURANCE: UTPA/bad faith claims against insurer of collection law firm which resulted in $311,000 verdict for credit card holder survive motion for judgment on pleadings as to policy [Read more…]
Illegal execution, §1983 “color of state law”
ILLEGAL EXECUTION: Alleged misuse of state execution statute by law firm resulting in Sheriff facilitating attachment of property [Read more…]
Insurance, altercation with Patrolman, intentional
INSURANCE: Insured’s conduct in altercation with Patrolman intentional as determined in bench trial, coverage of suit by [Read more…]
Fraudulent foreclosure, MUTP-CPA, FDCPA
FRAUDULENT FORECLOSURE: Quiet title claim viable against subprime mortgage servicing entity seeking to foreclose trust [Read more…]
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