PRELIMINARY INJUNCTION properly granted in access dispute without finding of “great or irreparable injury” (reconciling prior cases)… Berger affirmed. [Read more…]
Trust v. TOD beneficiary designations
TRUST: TOD designations controlled distribution of investment accounts, decedent’s failure to follow through with stated intent to transfer accounts to Trust made them nonprobate transfers to designated beneficiaries, Trustee’s claim of unjust enrichment properly rejected. . . Larson affirmed. [Read more…]
$749,000 punitives review, cap unconstitutional
PUNITIVES REVIEW: Punitives cap unconstitutional, $749,000 award upheld on review (as opposed to $21,920.31 under 3% cap) in addition to $1,088,000 compensatory damages in house contract suit. . . Manley. [Read more…]
$1,838,000 verdict, house construction contract
VERDICT: $1,838,000, house construction contract. [Read more…]
$1,250,000 settlement, death at roadblock
SETTLEMENT: $1,250,000, following finding of no immunity for deputies who killed burglary/auto theft suspect absent proper Terry stop. [Read more…]
Excessive force, burglary/auto theft suspect death
EXCESSIVE FORCE: No qualified immunity for deputies who killed burglary/auto theft suspect who was not a threat and absent proper Terry stop… Watters. [Read more…]
Property taxes, judicial review re-weighing
PROPERTY TAXES: Judge improperly re-weighed evidence, re-determined witness credibility to overturn STAB’s rejection of lakefront valuation challenge… STAB affirmed, Lympus reversed. [Read more…]
Church property, schism
CHURCH PROPERTY: Local faction voting 71% to leave hierarchy over homosexual clergy properly precluded from taking property for failure to attain 90% per local constitution, property to remain with minority members, except for cash titled under name of [Read more…]
Tortious interference, arbitration, discovery
TORTIOUS INTERFERENCE/ARBITRATION/ DISCOVERY: No authority to vacate emergency arbitration order or stay arbitration proceedings at bidding of non-party to contract, injunction allowing Defendant to dismantle equipment to [Read more…]
Title insurance, excepting legal access
TITLE INSURANCE: Common law negligence, negligent misrepresentation for excepting legal access in preliminary commitment which led to loss of sale although subsequent [Read more…]