LLC: Summary judgment granted and denied as to claims between Class B Members of Yellowstone LLCs relating to distributions of settlement of earlier suit, leaving only breach of contract for failing to obtain consent to settlement and common-law breach of fiduciary duty of original 9 counts. . . Berger. [Read more…]
Arbitration, tractor dealership principal’s “dispute”
ARBITRATION: “Dispute” against tractor manufacturer by ousted dealer principal not incorporated in dealership agreement arbitration clause, motion to compel arbitration properly denied. . . Deschamps affirmed. [Read more…]
Appellate procedure, overlength brief
APPELLATE PROCEDURE: Appellee in house construction/insurance dispute granted overlength brief to 15,000 words. . . order. [Read more…]
Comp exclusivity, “immediate employer,” PEO
COMP EXCLUSIVITY: Trucking company was an “immediate employer” (employer-in-fact) of driver assigned by PEO (employer-at-law) which paid comp premiums. . . PEO Act not violative of Art. II §16 full redress. . . trucking company entitled to immunity from tort claims by injured driver. . . Townsend affirmed. [Read more…]
Arbitration, “pushed out” of implement dealership
ARBITRATION: Individual asserting claims for being “pushed out” of implement dealership not bound by arbitration clause between dealership and company as to “disputes” between individual and company as opposed to “Disputes” between dealership and company. . . motion to compel arbitration denied. . . Deschamps. [Read more…]
Attorney fees/costs, $925,619.87, collusive judgment
ATTORNEY FEES: Requested $781,751.90 fees and $143,867.97 costs awarded insurer’s attorneys who got $17 million confessed judgment for refusal to defend overlapping entity in construction dispute reduced to $2,432,010 in remanded reasonableness hearing which found unreasonableness and collusion… Eddy. [Read more…]
Confessed judgment, $12 million cut to $2,432,010
CONFESSED JUDGMENT: $12 million for refusal to defend overlapping entity in construction dispute reduced to $2,432,010 following remanded reasonableness hearing and finding of unreasonableness and collusion… Eddy. [Read more…]
Attorney disqualification, $12 million confession
ATTORNEY DISQUALIFICATION: Attorneys representing both entities (both owned by same individual) in residential construction dispute disqualified from reasonableness hearing into $12 million confessed judgment against insurer that refused to defend/indemnify one of the entities… Eddy. [Read more…]
Attorney disqualification, $12 million confession
ATTORNEY DISQUALIFICATION: Attorneys representing both entities (both owned by same individual) in residential construction dispute disqualified from reasonableness hearing into $12 million confessed judgment against insurer that refused to defend/indemnify one of the entities… Eddy. [Read more…]
Appeal, sanctions against med-mal attorneys
APPEAL PROCEDURE: Sanctions judgment against attorneys not appealable pending resolution of underlying hospital malpractice case or Rule 54(b) certification despite interest accrual… appeal sanctions denied… order. [Read more…]