PERSONAL JURISDICTION: Supervisory control of Harris denied as to denial of motion to dismiss Maryland LLC member disputing that he personally conducted business in Montana… Order. [Read more…]
Vehicle purchase agreement, presentment of documents
VEHICLE PURCHASE AGREEMENT: Buyer who made no payments properly ordered to return vehicle and pay $10,200 plus interest/fees/costs over claim that contract was promissory note subject to condition of presentment of original documents… Spaulding affirmed (memorandum). [Read more…]
Auto dealership, denial of same line-make franchise
AUTO DEALERSHIP: Proposed same line-make franchise within mile of existing franchise properly denied for lack of good cause. . . Orr/Gustafson affirmed. [Read more…]
Auto dealership, same line-make franchise
AUTO DEALERSHIP: Subject jurisdiction/federal preemption must be considered in same line-make franchise award following termination as part of Ch. 11 sale in light of 6th Circuit ruling… order. [Read more…]
Contract, election of remedies, doomsday election
CONTRACT: Specified remedies are not exclusive per contract language listing sequential remedies “in addition to other remedies,” Plaintiff may accept Defendants’ forfeited interests and liquidate software entity following doomsday election, then sue for deficiency… no extraordinary circumstances to apply laches where suit was brought 5 years after breach… Baugh reversed. [Read more…]
Crop failure, barley seeding contract, defense
CROP FAILURE: Barley grower’s claims of breach of contract by custom seeder properly rejected in bench trial… Swandal affirmed. [Read more…]
Defense judgment, barley crop failure, seeder
BENCH JUDGMENT: Defense, barley grower’s claims of negligence/breach of contract by custom seeder in crop failure rejected… Swandal. [Read more…]
Car dealership, convoluted sale/lease transactions
CAR DEALERSHIP: Summary judgment/attorney fees properly awarded Plaintiffs in convoluted sale/lease transactions… Swandal affirmed (IOR I-3(d)(v)). [Read more…]