REQUIRED PARTY: US not a required party to determine access to property across private parcels and then across BLM land as BLM access is provided under lease to 2037… Menahan reversed. [Read more…]
$155,930 discovery sanctions
SANCTIONS: $155,990.39 for discovery abuse… not necessary to compare opposing counsel’s fees… default too severe as no bad faith in responding to discovery following sanctions order… Krueger. [Read more…]
Mining subsidence, apartment building, defense
MINING SUBSIDENCE: JML that subsidence caused current damage to apartment building properly denied in light of other possible causes including school construction… defense verdict affirmed… Tucker affirmed. [Read more…]
Discovery, sanctions against lender liability bank
DISCOVERY: Fees/costs/expenses against bank in $22 million lender liability case for discovery abuses including attempting to usurp Court’s authority as to what is relevant, default on liability too severe… Krueger. [Read more…]
Marital, support arrearage, interest
MARITAL: Interest on support arrearages improperly imposed at 12% absent decree provision or stipulation, remanded for recalculation at 10%… findings & conclusions not required in ruling on motion in which movant’s analysis adopted as to [Read more…]
Defense verdict, mining subsidence, apartments
VERDICT: Defense, claimed apartment house damage by historic underground mining subsidence. [Read more…]
Negligence, diesel fuel water, defense verdict
NEGLIGENCE: No prejudice from Defendant’s reliance on settled-party defense in light of finding of no negligence by Defendant on claim of catastrophic engine damage by alleged water in diesel fuel, no need to address constitutionality of amended statute… acquiescence in ruling that Plaintiff could be questioned as to prior insurance claims resulted in [Read more…]
Wrongful discharge, at-will insurance agent
WRONGFUL DISCHARGE: At-will insurance agent properly terminated for violating policy against unapproved advertising materials… McCarter affirmed. [Read more…]
Environment, Missouri River Breaks Monument
ENVIRONMENT: Upper Missouri River Breaks Monument management decisions approved… Haddon. [Read more…]
Marital, parenting modification, ex parte contact
MARITAL: Due process denied by modification of parenting plan without proper notice that husband sought primary custody… Court troubled by ex parte between Judge and wife’s expert (Judge’s friend)… clarification that parental [Read more…]