BENCH JUDGMENT: “Temporary” quitclaims to son and daughter for distressed mother’s creditor avoidance rescinded over their objection… undue influence claims against 2nd daughter rejected… Mercer. [Read more…]
Defense verdict, home defects, soils/foundation system
VERDICT: Defense, home defects, soils/foundation system. [Read more…]
Failure to prosecute $5,157,580 default judgment
FAILURE TO PROSECUTE: Dismissal of $5,157,580.10 default judgment case after “nine years of madness” affirmed… Allison affirmed (memorandum). [Read more…]
Supervisory control, realtors not dual agents
SUPERVISORY CONTROL of Gilbert denied as to ruling that realtors were not dual agents… Order. [Read more…]
$115,500 assault & battery judgment reversed, remanded
ASSAULT & BATTERY: $115,500 judgment on verdict reversed for improper exclusion of self-defense expert for untimely disclosure, remanded for new trial… Marks reversed. [Read more…]
Defense verdict, coffee drink burns, spill in truck
VERDICT: Defense, coffee hut not negligent in connection with burns sustained by 12-year-old from spill in pickup. [Read more…]
$488,291 verdict, farm house lease, legal malpractice
VERDICT: $388,921 for breach of lease of farmhouse that was destroyed by fire, $100,000 for legal malpractice in connection with the underlying representation.
Underlying facts from Konesky (Mont. 2021). [Read more…]
Attorney fees, road rage assault & battery
ATTORNEY FEES: Prevailing Plaintiff in road rage assault & battery case entitled to fees pursuant to §27-1-722(4) because Defendant “asserted” justifiable force under the civil statute and not as claimed merely under the criminal statute… amount to be determined at reasonableness hearing… Marks. [Read more…]
$88,700 verdict, alleged armed assault/battery
VERDICT: $88,700, alleged armed assault and physical battery on private road. [Read more…]
Verdict, $1.2 million/$400,000, telecoms merger
VERDICT: $1.2 million to Plaintiffs, $400,000 to Defendants/Counterclaimants, breach of contract to merge telecommunications companies. [Read more…]
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