BENCH JUDGMENT: “Temporary” quitclaims to son and daughter for distressed mother’s creditor avoidance rescinded over their objection… undue influence claims against 2nd daughter rejected… Mercer. [Read more…]
Statute of repose, subdivision soil conditions
STATUTE OF REPOSE bars subdivision homeowners’ negligence claims against City for settlement due to adverse soil conditions… Gilbert. [Read more…]
Partnership expulsion, no longer reasonably practicable
PARTNERSHIP: CPA in rental partnership expelled for reasons unrelated to tax fraud incarceration that continuation is no longer reasonably practicable… Marks affirmed. [Read more…]
Insurance, necessity of general contractor for repairs
INSURANCE: Common questions of law including necessity of general contractor for house repairs sufficiently predominate to warrant class certification despite certain premature conclusions… Moses affirmed, reversed. [Read more…]
Arbitration, “zombie clause,” “arise under”
ARBITRATION: “Zombie clause” lives following termination of underlying agreement for claims that “arise under” it, not for others, as determined by Complaint factual allegations rather than legal causes… Molloy. [Read more…]