COUNTY INDIAN CRIMINAL REIMBURSEMENT claims properly rejected based on statute of limitations and on summary judgment… Eddy affirmed. [Read more…]
Wrongful death, MVA bakery distributor’s truck
WRONGFUL DEATH: Magistrate’s recommended summary judgment rulings in MVA death case involving independent contractor distributor of bakery’s products whose driver was allegedly under influence of marijuana and issues of agency, subservant employment, joint venture, non-delegable duty under Federal Motor Carrier Safety Regulations, negligent selection of independent contractor, punitives… DeSoto. [Read more…]
Vicarious liability, rape by Child Protection Specialist
VICARIOUS LIABILITY: Claims against State by victim of rape by Child Protection Specialist not viable under respondeat superior, but are viable under nondelegable duty exception… Christensen. [Read more…]
Insurance, aircraft passenger liability stacking
INSURANCE: Estate of decedent airplane passenger not entitled to stack 3 aircraft liability policies… certified question answered for Christensen. [Read more…]
Airstrip easement not extended to nearby owners
AIRSTRIP EASEMENT for 1 airplane not extended to nearby owners. . . $53,385.08 fees/costs properly awarded Defendant, Defendant also entitled to appeal fees. . . Langton affirmed (other grounds). [Read more…]
Bankruptcy, $191,993 fees/costs, vexatious appeal
BANKRUPTCY: $191,993 fees/costs awarded to Yellowstone Mountain Club Appellees against Debtor and attorney for vexatious/frivolous appeal. [Read more…]
Spoliation, employee discharge notes
SPOLIATION: Prejudice from destruction of investigatory notes relating to firing of employee insufficient to warrant default judgment, sufficient for adverse inference instruction… Christensen. [Read more…]
Bankruptcy, Yellowstone Mountain Club
BANKRUPTCY: Debtor’s intervention constituted consent to jurisdiction… divorce releases constituted fraudulent transfer, do not shield Debtor from liabilities to Yellowstone Club Liquidating Trust… Yellowstone Mountain Club’s fiduciary claims not time-barred… Debtor breached fiduciary duties to Club even though Club technically owned by alter ego… Debtor’s loan from Club was constructively fraudulent transfer… in pari delicto erroneously applied to reduce damages to liquidating trust… Kirscher/Haddon affirmed, reversed (unpublished). [Read more…]
Sanctions, “frivolous” bankruptcy counterclaim
SANCTIONS improperly imposed for “frivolous” counterclaim against Yellowstone Club bankruptcy trustee in personal capacity… Gary Feess (Central Dist. of Calif.) reversed (unpublished). [Read more…]
Ditch easement, attorney fees
DITCH EASEMENT dispute properly resolved on summary judgment, untimely affidavit properly not considered, abandonment issue not timely raised, Defendant had notice that 2 ditches at issue despite “ditch” in complaint… $25,173.21 fees/costs properly awarded for easement enforcement… Haynes affirmed (IOR I-3(c)). [Read more…]