DOUBLE JEOPARDY: Supervisory control of Wald denied as to refusal to dismiss assault on minor following acquittal on 1 count and hung jury on 1 count over Defendant’s argument that there was no proof of 2 distinct injuries… order. [Read more…]
Settlement agreement, disbursement of ranch trust
SETTLEMENT AGREEMENT for disbursement of ranch trust properly enforced over claim of incapacity by COVID, undue influence by threat of litigation, individual ownership of sections under long-expired contract for deed… Wald affirmed. [Read more…]
Insurance, house cracks, Earth Movement Exclusion”
INSURANCE: “Physical injuries” of house cracks occurred at time of construction, not discovery, are within policy coverage period, not barred by Earth Movement Exclusion, insurer has duty to provide coverage… Todd. [Read more…]
Marital, mutual nondisclosure of medical businesses
MARITAL: Mutual decision to not include medical businesses in 2016 disclosures not “perjury” allowing for reopening decree of doctor and nurse practitioner in 2020 when they disputed ownership… Moses reversed. [Read more…]
$65,530,500 verdict, failure to release hemp crop
VERDICT: $65,530,500 ($9,530,500 for negligence, negligent misrepresentation, fraud, deceit, $56 million punitives), failure to release hemp crop to 19 farmers. [Read more…]
Sexual assault, tort v. sex discrimination
SEXUAL ASSAULT claims by restaurant employees sound in tort under gravamen analysis, properly filed directly in District Court along with negligence, negligent hiring/retention/entrustment, and constructive discharge, despite HRB dismissals of sex discrimination claims as untimely under HRA… Moses. [Read more…]
FELA, state law bad faith, preemption
FELA: Railroad employee’s state law bad faith claims not preempted by FELA… Bidegaray affirmed. [Read more…]
Ditch easement, prescriptive, jury demand, $256,790 fees
DITCH EASEMENT properly found by prescription… jury demand untimely or waived… $256,790 fees properly awarded for vexatious multiplication… Gilbert affirmed (IOR I-3(c)). [Read more…]
Vexatious litigant, guardianship/conservatorship
VEXATIOUS LITIGANT: Claims stemming from guardianship/conservatorship disputes properly rejected, Plaintiff properly declared vexatious litigant… Johnston/Morris affirmed (memorandum). [Read more…]
Contract prepayment tax liability
CONTRACT PREPAYMENT: Purchaser properly held not to have fully performed under note or indenture by sellers’ acceptance of full prepayment amount while additional tax liability remained in dispute, but ambiguous prepayment clause improperly construed in favor of sellers resulting in damage award 8 times the stipulated federal tax liability… Wilson affirmed, reversed. [Read more…]
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