JUDICIAL ESTOPPEL: Burst City waterline damage claims barred by failure to disclose potential claims in Ch. 13 case, not saved by re-opening/amending 2 years later… Souza affirmed. [Read more…]
Burst waterline, bankruptcy schedules judicial estoppel
BURST WATERLINE: House damage claim against City precluded by judicial estoppel based on failure to list in bankruptcy schedules and by nuisance statute of limitations… Souza. [Read more…]
Contract, “cooperate & participate,” attorney fees
CONTRACT: Provision requiring parties to real estate agreement to “cooperate and participate” in quiet title action does not require payment of share of attorney fees… Cybulski affirmed (IOR I-3(d)). [Read more…]
Marital, parenting plan
MARITAL: No abuse of discretion in adopting father’s parenting plan… explication of non-cite standards, parenting plan discretion… McKeon affirmed (IOR I-3(c)). [Read more…]
Order of protection, “repeated” stalking
ORDER OF PROTECTION: Acts in Montana and Ohio satisfy “repeatedly” requirement of underlying stalking statute… [Read more…]
Defense verdict, employee indemnification
VERDICT: Defense, employee indemnification, unjust enrichment, trial employment toward financing for purchase of bowling lanes. [Read more…]
Property, partition, gift, unmarried relationship
PROPERTY PARTITION: Man gifted property to woman during unmarried relationship… McKeon affirmed. [Read more…]