FAMILY LLC properly converted from 30 years to perpetual by 67% supermajority vote without participation by withdrawing member… LLC properly joined as a defendant… $4,410 fees improperly awarded to hybrid LLC expert designated by both parties… Gilbert affirmed, reversed. [Read more…]
Rule 1927 sanctions of $158,448.11 for affidavit
RULE 1927 SANCTIONS of $158,448.11 properly imposed on church’s General Counsel for affidavit in sex abuse cases… Watters affirmed. [Read more…]
Employee RIF, FMLA, retaliation, WDEA, ADA, ADEA
EMPLOYEE RIF: Dismissal of FMLA and retaliation claims reversed… dismissal of WDEA, ADA, ADEA claims affirmed… Watters affirmed, reversed (memorandum). [Read more…]
Landfill nuisance, County road through ranch
LANDFILL NUISANCE claims against landfill owner and County relating to road through ranch properly rejected on summary judgment… Harada affirmed (memorandum). [Read more…]
Discovery, MVA suit dismissed for dilatory responses
DISCOVERY: MVA suit properly dismissed with prejudice as sanction for dilatory responses… Souza affirmed. [Read more…]
Discovery, MVA suit dismissed for dilatory responses
DISCOVERY: MVA suit properly dismissed with prejudice as sanction for dilatory responses… Souza affirmed. [Read more…]
Trustee’s sale, delegation of notice duties
TRUSTEE’S SALE: Indenture trustee not prohibited under STFA from delegating notice duties to agents (ND law firm and private process firm)… sale affirmed… Krueger affirmed. [Read more…]
Insurance, CGL, subsequently constructed building
INSURANCE: CGL policy purchased for premises containing office, warehouse, and shop space does not cover a subsequently constructed tank wash building that was destroyed by fire… Watters. [Read more…]
$466,000 verdict, rotten logs in log home
VERDICT: $466,000 (40% against previous owners, 60% against inspector), rotten logs in log home. [Read more…]
Municipal annexation, higher connection costs for parcel
MUNICIPAL ANNEXATION: Claim that City violated equal protection because of higher connection costs for Plaintiff than for neighbors in 2011 annexation rejected on judgment on pleadings based on statute of limitations… Wald. [Read more…]