ATTORNEY FEES: $1,139,803.76 contingency fees, $9,138.92 costs, jointly/severally against 2 Defendants in $2.7 million will contest… request to present juror testimony of “consensus” to apportion more fault to 1 Defendant denied… Berger. [Read more…]
Partition, 1st/2nd wives, title insurance
PARTITION: Summary judgment as to 1/2 interest claimed by 1st wife in property 35 years after divorce and following death of ex-husband precluded by fact issues as to extent of unequal contributions, claim that ex intended her to have 1/2… summary judgment as to 2nd wife’s claim of adverse possession also precluded by fact issues… 2nd wife borrower is not 3rd-party beneficiary of title policy prepared for lender, 3rd-party complaint against title insurer alleging failure to disclose 1st wife’s interest in property dismissed… Tucker. [Read more…]
Insurance, umbrella, family member exclusion
INSURANCE: Umbrella household exclusion correctly found to unambiguously exclude wife’s claim as passenger in vehicle driven by husband, not violative of reasonable expectations or [Read more…]
Wages, auto dealership “salesman”/service
WAGES: Auto dealership “salesman” includes any salesman primarily engaged in servicing vehicles per FLSA, not just those selling vehicles per regulation, statute controls over [Read more…]
Discovery, “IME with contrast,” seizure disorder
DISCOVERY: Order by H. Brown allowing “IME with contrast” to determine whether seizure disorder may be attributable to non- [Read more…]