RESTRICTIVE COVENANTS: Myriad claims stemming from challenge to barriers to building in subdivision properly dismissed… DeSoto/Morris affirmed (memorandum). [Read more…]
Noncompete covenant, departing CPAs, $2,353,463
NONCOMPETE COVENANT: $2,353,463 damages properly awarded against CPAs who left with client list to start new firm, jointly & severally rather than individually (thinly-veiled attempt to invalidate Covenant as grossly unreasonable)… prejudgment interest properly awarded except 1 month too soon… discovery sanctions properly denied… Eddy affirmed. [Read more…]
Attorney fees, $10,052.70, police sex disclosures
ATTORNEY FEES: $10,052.70 properly awarded to newspaper and TV station for role in disclosure of officers disciplined for sex with City clerk… fees-for-fees and appeal fees denied… Harris affirmed. [Read more…]
Contract rescission, email exchanges, home construction
CONTRACT RESCISSION: Email exchange properly found to be offer by home builder and acceptance by owners to rescind agreement. . . $19,977.19 properly awarded to owners after balancing equities. . . $27,475 attorney fees properly awarded owners as prevailing party despite no finding that builder materially failed to perform. . . Berger affirmed. [Read more…]
Vexatious litigant, pre-filing restrictions
VEXATIOUS LITIGANT: Foreclosure challenger declared vexatious litigant, barred from filing any pro se pleading without prior approval… opinion & order. [Read more…]
Conversion, failure to return prisoner’s watch
CONVERSION: Claim for failure of PD to return prisoner’s watch worn at time of bar fight arrest accrued 6 months after completion of criminal case, barred by 2-year statute… Salvagni affirmed. [Read more…]
Costs on remand from $300,000 discharge reversal
COSTS properly awarded City on remand from reversal of $300,000 discharge verdict based on conclusion that JML should have been granted, despite MMIA obligation to pay costs… Fagg affirmed (IOR I-3(c)). [Read more…]
Joint/several liability, retaliation judgment
JOINT/SEVERAL LIABILITY: Supervisory control of Gilbert granted ordering enforcement of $30,000 HRD retaliation judgment against individual, vacating joinder of City as necessary party, notwithstanding City’s pending judicial review action… order. [Read more…]
§1983, fired police chief
§1983 claims by fired police chief properly rejected… Haddon affirmed (unpublished). [Read more…]
City sewer/water, payback fees for new hookups
CITY SEWER/WATER: Expert valuation testimony properly excluded for untimely disclosure despite untimely motions to exclude… jury properly instructed as to unjust enrichment… award for election of contract damages (versus negligence) proper in one respect, improper in another… amount of fees awarded ($140,980) unreasonable in light of minimal recovery/demand… Gilbert affirmed, reversed. [Read more…]