ARBITRATION: Agreement to arbitrate indemnification/contribution of home security failure erroneously held invalid due to lack of mutuality or equitable unconscionability, does not contravene §703 single-case rule… R. McElyea reversed. [Read more…]
Insurance, vehicle liability stacking
INSURANCE: Vehicle liability stacking claim properly denied notwithstanding assignment of policy rights to decedent’s siblings… Haddon affirmed (memorandum). [Read more…]
Insurance, Directors & Officers Policy
INSURANCE: Director & Officers Policy’s personal profit exclusion applies to $14,264.17 conversion claim against officer which was resolved on summary judgment in State Court, does not apply to other claims, insurer still under duty to advance defense costs as incurred as to remaining claims… Christensen. [Read more…]
Insurance, consent judgment for stacked amount
INSURANCE: Siblings of MVA decedent not “insured person” regardless of consent judgment, not entitled to stacked coverages under other driver’s policy… Haddon. [Read more…]
Corporate merger, RightNow/Oracle
CORPORATE MERGER: RightNow/Oracle challenges based on breach of fiduciary duty, inadequate proxy disclosures, unfair price ($43), board conflict/ bad faith rejected under Delaware law, business judgment rule, Certificate of Corporation exculpatory provision… relief for valuation [Read more…]
Wrongful discharge, specific term, at will
WRONGFUL DISCHARGE: Contract for specific term which also allows termination at will is not “written contract for a specific [Read more…]
Default, flawed attorney affidavit, untimely order
DEFAULT: Attorney affidavit averring to disputed facts outside personal knowledge improperly relied on for default judgment… authority also lost after motion deemed denied for failure to issue timely order… dispute as to proper defendant not determinative… J. Brown reversed. [Read more…]
Jurisdiction, kit airplane, death crash
JURISDICTION properly not found over out-of-state manufacturers/sellers of kit airplane and components that crashed in Montana… no personal jurisdiction by mere placing products into stream of commerce… jurisdictional discovery properly denied… Salvagni affirmed. [Read more…]