LENDING BREACH: Post-trial rulings on $52,037,593 verdict… challenges to general verdict form rejected… fees to be awarded pursuant to loan documents reciprocity, but based on hours, not 40% contingency… bank waived punitives cap by failure to disclose evidence of net worth, but cap also unconstitutional abrogation of right of trial by jury… award of compensatory [Read more…]
$52,037,593 verdict, lending breach, TARP
VERDICT: $52,037,593, lending breach, failure to use TARP money to help struggling business… $275,251 owed by business to local development corporation. [Read more…]
Lending breach, Michigan law, standstill agreement
LENDING BREACH: Montana law applicable to suit against Michigan bank… bank’s summary judgment motion based on inapplicable law or clearly disputed material facts… case against bank not extinguished by standstill agreement or personal guaranty… no private cause under TARP, but TARP [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…]