ERISA: Fact issues preclude summary judgment as to whether employer adequately advised terminally ill employee that life insurance benefits were ending thereby denying him his conversion privilege upon termination of employment… fiduciary claim against insurer properly dismissed… Christensen reversed, affirmed (memorandum). [Read more…]
Pleadings, wind farm suit amendments, counterclaims
PLEADINGS: Ranchers’ amendments to Answer in opposition to neighbors’ challenge to wind farm properly denied as untimely but counterclaims alleging abuse of process improperly dismissed with prejudice as compulsory, may be asserted in independent action… Oldenburg affirmed, reversed. [Read more…]
ERISA, terminated employee policy conversion
ERISA: Terminated employee was notified of rights to convert group policy to individual policy and failed to timely do so… summary judgment in favor of employer and insurer on claim of failure to provide a Plan benefit… Christensen. [Read more…]
Wind farm suit dismissed without prejudice
WIND FARM: Suit to halt proposed 79.9 MW project dismissed without prejudice following preliminary injunction and developers unable to obtain financing as a result dropped out… landowners’ counterclaims dismissed as untimely compulsive… Oldenburg. [Read more…]
Wind farm, preliminary injunction
WIND FARM: Preliminary injunction granted halting proposed 79.9 MW project on farm land pending trial… $50,000 cash bond allowed over request for $181 million… Oldenburg. [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in pari delicto erroneously applied to reduce damages to liquidating trust… Kirscher/Haddon affirmed, reversed (unpublished).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…]
Bankruptcy, assets transfer preliminary injunction
BANKRUPTCY: Preliminary injunction properly issued against assets transfer… Kirscher/Molloy affirmed (unpublished). [Read more…]
Arbitration, essence of stay motion not under FAA
ARBITRATION: Essence of stay motion was not relief under FAA, no §16(a) appellate jurisdiction over denial (1st impression)… Watters affirmed (Motions Panel). [Read more…]
Rule 38/§1927 sanctions, recusal, smearing judge
SANCTIONS under FRAP 38 and §1927 imposed in form of Appellees’ fees & costs against Yellowstone Mountain Club co-founder and principal attorney for transparent attempt to wriggle out of unfavorable decisions by smearing Kirscher in recusal motion… co-counsel attempting to distance themselves chastised but not sanctioned… order. [Read more…]
Bankruptcy, appeal standing, choses in action
BANKRUPTCY: Yellowstone Club co-founder with choses in action has standing to appeal confirmation of Plan… appeal as to exculpation clause not equitably moot… appeal as to other requested relief which would require unraveling Plan equitably moot… Haddon affirmed, reversed (unpublished). [Read more…]