FOREIGN JUDGMENT: Domesticated Idaho Judgment against Montana farm partnership is void for lack of the Idaho Probate Court’s personal jurisdiction… 60(b)(4) motion filed within “a reasonable time” (4 years)… Ruiz reversed. [Read more…]
$3,307,500 verdict, buy-sell access disclosure dispute
VERDICT: $3,307,500 verdict in buy-sell access disclosure dispute ($2,450,000 compensatory damages and $812,500 punitives against seller to buyers, $35,000 damages against seller’s agent, $10,000 damages against buyers’ agents). [Read more…]
House construction, extravagant lake house defects
HOUSE CONSTRUCTION: Most claims against general contractor and subcontractors involved in extravagant lake house and boathouse projects dismissed on summary judgment… Eddy. [Read more…]
Homestead exemption, 3rd-party judgment lien
HOMESTEAD EXEMPTION: Judgment lien to recover debt from alleged con artist who was put on deed allegedly by fraud improperly satisfied before owner received full value of the exemption from proceeds of sale of the property… Wilson reversed. [Read more…]
Nuisance, abusive behavior easement dispute, $360,000
NUISANCE: Abusive behavior in easement dispute supported $360,000 parasitic emotional distress and punitive damages verdict… punitives cap waived by limited financial information provided… Ulbricht affirmed. [Read more…]
Negligence, home inspector standard-of-care expert
NEGLIGENCE: 3rd-party claim against home inspector dismissed for failure to retain standard-of-care expert… Eddy. [Read more…]
Insurance, sexual contact with sleeping co-worker
INSURANCE: FWS scuba officer’s sexual contact with sleeping employee correctly found to not be an “occurrence” and therefore not covered… instruction to tell colleagues that contact was consensual incorrectly found to be covered “occurrence”… Christensen affirmed, reversed (memorandum). [Read more…]
Arbitration, compel, home construction contract
ARBITRATION of home construction contract properly compelled. . . Cuffe affirmed. [Read more…]
Insurance, sexual assault, FWS employees
INSURANCE: Fact issues to be resolved at trial preclude summary judgment as to coverage of alleged sexual assault by FWS officer of allegedly sleeping FWS employee at overnight stay in FWS cabin while on work trip. . . insurer has duty to defend officer. . . Christensen. [Read more…]
Lending breach, 12(b)(6) v. summary judgment
LENDING BREACH claims properly dismissed under 12(b)(6)… supplemental affidavit did not require conversion to summary judgment… Ortley affirmed. [Read more…]