BANKRUPTCY: Interlocutory appeal of Bankruptcy Court’s denial of arbitration improperly denied, but denial of arbitration of core claim counterclaim affirmed on the merits… Morris reversed, affirmed (memorandum). [Read more…]
Settlement agreement, statute of frauds as to texts
SETTLEMENT AGREEMENT: Statute of Frauds correctly applied less technically to text messages to prevent commission of a fraud in house defects/buy-back dispute… texts also properly found to constitute enforceable settlement agreement… Eddy affirmed. [Read more…]
Medical malpractice, hospital decedent’s cell phone
MEDICAL MALPRACTICE: Supervisory control of McElyea denied as to order to produce decedent’s cell phone for hospital’s expert to attempt to retrieve data for 2 days of hospitalization in case alleging death resulting from excessive medication… Petitioner’s request to “File Additional Information to Correct the Record” rejected as inappropriate under MRAP… order. [Read more…]
Student loan, claims against servicer, preemption
STUDENT LOAN: State law claims against loan servicer alleging failure to accurately account for payments for purposes of Public Service Loan Forgiveness not preempted by Higher Education Act… McMahon reversed. [Read more…]
Banking, hospital patient refunds via debit cards
BANKING: Claims against hospital for issuing patient refunds via prepaid debit cards properly rejected on summary judgment… Todd affirmed. [Read more…]
Lending breach, tax confusion, sub-tract mortgage lot
LENDING BREACH: Contract and tort claims stemming from tax confusion and bank’s payment of taxes for all of lot and increasing mortgage obligation to protect sub-lot collateral from tax lien sale properly dismissed on summary judgment… McElyea affirmed. [Read more…]
$20,000 verdict, mistaken inspections, foreclosure notices
VERDICT: $20,000 for mistaken property inspections and wrongful posting of vacancy and foreclosure notices. . . no intentional trespass, no invasion of privacy. [Read more…]
Foreclosure, statutes of limitations
FORECLOSURE: Homeowners’ challenge of foreclosure properly found time-barred. . . Christensen affirmed (unpublished). [Read more…]
Appeal procedure, hospital malpractice rulings
APPEAL PROCEDURE: “Application for leave to appeal” pretrial rulings/sanctions order in event Supreme Court affirms new-trial order following hospital malpractice defense verdict denied… order. [Read more…]
Sanctions, med-mal Defendant
SANCTIONS: Supervisory control of H. Brown as to sanctions against med-mal Defendant denied… order. [Read more…]