VERDICT: Defense, combine operator not negligent as to fire caused by combine in wheat field. [Read more…]
Attorney fees, $532,662 fees & costs, flooring litigation
ATTORNEY FEES: $532,662.35 fees & costs awarded 3rd-party Defendant flooring subcontractor and against Defendants/Counterclaimants contractor, realtors, and their joint counsel in convoluted litigation over hardwood flooring finish… subpoena for discovery as to whether fees or costs were paid by insurer denied as irrelevant to reasonableness… motion for relief from sanctions denied… Larson. [Read more…]
Statute of limitations, 2003 Camaro theft, chain possessors
STATUTE OF LIMITATIONS properly held to bar claims against 2 latest possessors of Camaro stolen in 2003… $16,000 default against first 2 possessors… Townsend and Marks affirmed (IOR I-3(c)). [Read more…]
Marital, Montana protective order, Florida parenting plan
MARITAL: Montana Mother’s temporary protective order against Father did not modify Florida parenting plan in violation of UCCJEA… Manley affirmed. [Read more…]
Arbitration, housing construction dispute, strategic suit
ARBITRATION: Plaintiffs in housing construction dispute waived right to bifurcate parties and claims it filed in this strategic suit into adjudication by arbitration and jury trial after having seen what evidence Defendant’s discovery will require it to divulge. . . motion to stay litigation and compel arbitration denied. . . all parties shall resolve disputes in this judicial forum. . . Larson. [Read more…]
Trucking company dispute, $1,890,000 verdict
TRUCKING COMPANY DISPUTE: $1,890,000 verdict for Defendant/Counterclaimant affirmed… Larson affirmed (IOR 3(c)). [Read more…]
Contract, successive action under same contract
CONTRACT: 2nd suit under same contract based on payments in different periods allowed as successive action, not barred by issue preclusion… Tucker affirmed. [Read more…]
Qualified immunity, detective bullying, suicide
QUALIFIED IMMUNITY: Detective entitled to immunity for allegedly bullying marijuana seller into suicide because law not clearly established at time of violation… Christensen reversed (unpublished). [Read more…]
Firearm possession, discharged felon
FIREARM POSSESSION precluded for discharged felon by virtue of not being able to obtain concealed weapon permit… Molloy affirmed. [Read more…]
Negligence, wildfire backfire, $730,000 verdict
NEGLIGENCE: Plaintiffs’ trial brief statement that State made “reasonable and necessary” decision in direction of backfire was in context of inverse condemnation, not judicial admission of fact as to negligence, promptly “corrected”… public duty defense properly stricken as prejudicial due to late assertion… challenge to lack of expert as to wildfire suppression standard waived by [Read more…]