BANKRUPTCY: Malpractice and other claims against former attorney alleging misconduct as UCC chair and against co-defendant lawyers subject to Barton, District Court lacks jurisdiction as Plaintiff did not seek leave from Bankruptcy Court… Bankruptcy Court not barred by Stern from proposed findings & conclusions… Molloy. [Read more…]
State healthcare plan, TPAs, made-whole, class
STATE HEALTHCARE PLAN: TPAs not subject to made-whole laws under subrogation statutes or 3rd-party beneficiary [Read more…]
Procedure, appeal of class certification denial
PROCEDURE: Petitioners may appeal denial of class certification in ag reappraisal challenge within times and in [Read more…]
Taxes/class action, cyclical ag reappraisal
TAXES/CLASS ACTION: Petitioners challenging cyclical ag reappraisal did not fail to commence action as class action [Read more…]
Implied covenant, agency v. contract
IMPLIED COVENANT: Supervisory control of Neill as to ruling that breach of implied covenant may be based on agency theory denied… order. [Read more…]
Appellate mediation, sanctions, motion to dismiss
APPELLATE MEDIATION: Dismissal for failure of Appellants to appear at mediation rather than by counsel denied, MRAP 7(5)(h) [Read more…]
ERISA, attorney fees
ERISA: Insurer’s request for $100,000 fees after prevailing in group health premium challenge by farmers denied… Lovell. [Read more…]
Class certification, “made whole,” 3rd-party admins
CLASS CERTIFICATION: Appeal of Sherlock’s denial of certification on grounds that individual adjudication required as to whether settlement with MVA tortfeasor “made whole” [Read more…]
ERISA, group health premium calculation
ERISA: Group health premium calculation which considers health status factors when rating employer plans separately permissible under ERISA provision which is identical to and [Read more…]
Initiatives, I-624 payday loans interest
INITIATIVES: I-624 to cap interest by payday, title, retail installment lenders modified by adding “consumer loan licensees” to statements of purpose and implication, other minor additions and style changes… no referral to district court… opinion & order. [Read more…]