VERDICT: $233,887.40 compensatory, $1.5 million punitives, negligent design or installation of dewatering system in home with basement below water table… principal liable for judgment for fraudulent transfer of assets. [Read more…]
Lending breach, bait & switch, $6 million verdict
LENDING BREACH: Sufficient evidence of fraud in surreptitious conversion of 30-year residential condo loan application to 18-month commercial loan resulting in predictable foreclosure… successor bank liable for punitives arising out of predecessor’s pre-merger conduct… $1 million compensatory, $5 million punitives verdict affirmed… interest improperly awarded from punitives decision rather than verdict… J. Brown affirmed, reversed. [Read more…]
Sexual harassment, commercial real estate
SEXUAL HARASSMENT: “Improved or unimproved property” in HRA includes commercial real estate including complainant’s commercial lease, not just housing (1st impression)… Gilbert affirmed. [Read more…]
$6 million verdict, bank fraud, condo loan
VERDICT: $1 million damages, $5 million punitives, bank fraud in converting 360-month residential condo loan application to 18-month commercial loan. [Read more…]
Contract, subdivision-related road improvements
CONTRACT: Waiver of right to protest SIDs for subdivision-related road improvements constituted contract between predecessors, no need to resort to “operation of law,” but provision for alternate financing if no SIDs void for lack of [Read more…]
Sexual harassment, commercial rental
SEXUAL HARASSMENT: Due process not violated by HRC ruling that Defendant violated real estate transaction provision when Plaintiff only specified public accommodations… remanded for determination of whether HRA applies to commercial leases… Jones reversed. [Read more…]
Note collection/partition/water easement
DEBT COLLECTION/PARTITION/WATER EASEMENT/ARBITRATION DAMAGES: Jury’s implied allocation of interest payments between 2 notes, along with creditor’s right to allocate, restarted statute on earlier note, making creditors prevailing for attorney fees… [Read more…]
Default judgment, set aside deemed denied
DEFAULT JUDGMENT improperly set aside because motion was deemed denied after 60 days due to mandatory time limit (not because jurisdiction lost)… deemed denial not slight abuse of discretion… Spaulding reversed. [Read more…]
Sex discrimination in public accommodation
SEX DISCRIMINATION IN PUBLIC ACCOMMODATION: Sexual harassment of prospective art gallery tenant not covered by HRA… 1st impression… Terry Spear. [Read more…]
Procedure, administrative ruling, res judicata
PROCEDURE: Supervisory control of Jones denied as to stay of judicial review of wage claim ruling pending case alleging fraud [Read more…]