MEDICAL MALPRACTICE: Complaint correctly dismissed for untimely service but incorrectly dismissed with prejudice… Halligan reversed. [Read more…]
Receivership, $249,423.78 fees prior to disposition
RECEIVERSHIP: $249,423.79 fees properly awarded Receiver and his attorney prior to disposition of all claims in commercial property dispute… Larson affirmed (memorandum). [Read more…]
Unemployment insurance, insufficient service
UNEMPLOYMENT INSURANCE petition properly dismissed for insufficient service… Owen affirmed (memorandum). [Read more…]
Settlement agreement, repudiation by failure to perform
SETTLEMENT AGREEMENT: Probate agreement for disposition of land properly found to have been repudiated by heir who failed to perform… Lint affirmed (memorandum). [Read more…]
Defendant threatened suicide if had to be deposed again
SUPERVISORY CONTROL of Dayton to terminate deposition of deponent who threatened suicide if he had to endure a 3rd deposition denied… order. [Read more…]
Receivership, Receiver protected by judicial immunity
RECEIVERSHIP: Special Master correctly concluded that a court-appointed receiver is protected by judicial immunity, Master acted within his authority in determining that it was unnecessary for Receiver to require release or indemnification agreement to return disputed personal property, but Master exceeded his authority in determining that Receiver acted in good faith and within scope of his authority in obtaining & retaining the property… Special Master Kevin Jones affirmed, reversed. [Read more…]
Construction lien partial priority, unjust enrichment
CONSTRUCTION LIEN/UNJUST ENRICHMENT: Construction lien properly given priority over lender’s mortgage but only up to the $88,860 part of the loan allocated for construction… $93,650 for unjust enrichment properly awarded contractor against lender upon foreclosure sale… Allison affirmed. [Read more…]
Personal jurisdiction, legal malpractice, NY lawyer
PERSONAL JURISDICTION defense by New York lawyer in legal malpractice case waived by failing to assert it before moving to set aside default… Christopher reversed (IOR I-3(c)). [Read more…]
Attorney fees, duplicate awards by 2 judges
ATTORNEY FEES: $17,450 duplicate fees improperly awarded between 2 judges in related cases… $625 fees-for-fees improperly awarded… Larson reversed (IOR I-3(c)). [Read more…]
Settlement breach, $23,273.83 fees/costs
SETTLEMENT BREACH: $23,273.83 fees/costs awarded for breach of settlement agreement by Plaintiff in 8-plex defects case filing new proceeding raising similar if not identical claims… Larson. [Read more…]