RULE 11 SANCTIONS: $6,630.23 attorney properly awarded against husband’s attorney for accusing Standing Master of “trafficking of little children” by splitting parenting 60/40 and accusing wife’s attorney of representing Master… Ohman affirmed (memorandum). [Read more…]
Malicious prosecution, no contact violation acquittal
MALICIOUS PROSECUTION: Claims for attorney fees, emotional distress, and punitives stemming from Defendants providing information to County Attorney’s Office which initiated prosecution of Plaintiff for violating order of protection culminating in not guilty verdict dismissed under Rule 12(b)(6)… Berger. [Read more…]
Farm contract, sublessee lack of privity
FARM CONTRACT: Sublessee’s contract claims against original lessor properly rejected for lack of privity, no support for separate tort liability… Bidegaray affirmed (IOR I-3(c)). [Read more…]
Municipal Court appeal, untimely brief
MUNICIPAL COURT APPEAL properly dismissed for failure to file brief within 15 days despite notice of intent to have transcript of hearing recording prepared. . . J. Brown affirmed (IOR I-3(c)). [Read more…]
Unlawful entry, $2 verdict against Deputy
UNLAWFUL ENTRY: $2 verdict for Deputy’s unlawful entry into home affirmed over claim that verdict did not require jury to find that his entry was combined with “an attempt to find something or to obtain information within the residence,” since deputy admitted that he entered to ensure that someone was supervising a young boy he had seen outside (even if he was not looking for person in DUI crash)… Molloy affirmed (unpublished). [Read more…]
City sewer/water, payback fees for new hookups
CITY SEWER/WATER: Expert valuation testimony properly excluded for untimely disclosure despite untimely motions to exclude… jury properly instructed as to unjust enrichment… award for election of contract damages (versus negligence) proper in one respect, improper in another… amount of fees awarded ($140,980) unreasonable in light of minimal recovery/demand… Gilbert affirmed, reversed. [Read more…]
Appeal, estate closing, PR harassment
APPEAL from notice of entry of order closing estate untimely, filed to harass PR sibling… fees/costs imposed as sanction… Salvagni affirmed (IOR I-3(c)). [Read more…]
Verdict, $2, MVA investigation force/seizure/entry
VERDICT: $2 for Deputy’s unlawful entry into home, County/deputies not negligent in investigation or use of force during handcuffing in investigation of MVA, not liable for excessive force or unlawful seizure, State/trooper not liable for unlawful seizure or negligent investigation. [Read more…]
Paternity, alternative fathers, DNA
PATERNITY assertion against 2nd putative father properly rejected following DNA test of 1st putative father… Krueger affirmed. [Read more…]
False arrest/imprisonment, counsel diligence/LR
FALSE ARREST/IMPRISONMENT: 10-count complaint stemming from citations for waste of game rejected on summary judgment… Plaintiffs’ counsel chastised for violating LR in filings, lack of due diligence in bringing claim… Christensen. [Read more…]