INSURANCE BAD FAITH claims following $400,000 settlement of esophageal perforation during student intubation med-mal case properly rejected on summary judgment… Christensen affirmed (memorandum). [Read more…]
Defense verdict, wrongful death, wedding party guest
VERDICT: Defense, wrongful death, disputed provision of cocaine to wedding party guest who went missing and was found dead in a creek. [Read more…]
$112,000 verdict, hotel slip & fall, CRPS
VERDICT: $112,000, hotel slip & fall, admitted liability, CRPS. [Read more…]
Contract, fees for failure to defend v. indemnification
CONTRACT: Defendant in lease suit entitled to attorney fees & costs from Co-Defendants for failure to defend him pursuant to Agreement… not precluded by majority rule adopted in ARCO (Mont 1991) as he seeks damages for failure to defend, not fees & costs related to establishing indemnification… Marks. [Read more…]
Officers’ shooting, “sham affidavit,” $525,000 settlement
OFFICERS’ SHOOTING: Summary judgment for County & Deputies rejected over claim of sham affidavit testimony that Plaintiff was pointing gun at ground when he opened door to unknown persons on porch in dark who shot him and claims of qualified immunity… case settled following ruling for $525,000… DeSoto/Watters. [Read more…]
Trustee’s sale, delegation of notice duties
TRUSTEE’S SALE: Indenture trustee not prohibited under STFA from delegating notice duties to agents (ND law firm and private process firm)… sale affirmed… Krueger affirmed. [Read more…]
Sanctions, frivolous/vexatious, counsel & clients
SANCTIONS: Court’s “clarification of application of order” finding counsel and clients in defective flooring case liable for sanctions for frivolous/vexatious conduct provided for new counsel… Larson. [Read more…]
Discovery sanctions against counsel, business partners
DISCOVERY SANCTIONS: 3rd-Party Plaintiff’s counsel and business partners liable for sanctions awarded against “insolvent” 3rd-Party Plaintiff… Larson. [Read more…]
Indemnification, home contractor, flooring subcontractor
INDEMNIFICATION not allowed by Defendant home contractor against flooring subcontractor who is not liable to Plaintiffs who never purchased the home in hardwood flooring case… Larson. [Read more…]
Foreclosure/vexatious litigant, issue/claim preclusion
FORECLOSURE/VEXATIOUS LITIGANT: Summary judgment properly granted to credit union as to all lending breach claims based on issue/claim preclusion, Plaintiff corporation properly declared vexatious litigant with filing restriction on corporation and shareholders… Allison affirmed (memorandum). [Read more…]
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