RELEASE of interest in oil/gas entity to attorney/cpa in need of funds for $100,000 in hand as opposed to uncertain $2 million in future not unconscionable. . . Molloy affirmed (unpublished). [Read more…]
City sign ordinance, car lot balloon “wind signs”
CITY SIGN ORDINANCE prohibiting car lot’s balloon “wind signs” upheld… Christensen. [Read more…]
Wrongful arrest, mistaken identity
WRONGFUL ARREST and related claims against County based on mistaking father for son in arrest dismissed as time-barred or for failure to establish elements of claims… Halligan. [Read more…]
Scheduling order modification, trial date
PROCEDURE: Good cause/extraordinary circumstances not shown for modifying agreed scheduling order to extend trial date… Molloy. [Read more…]
Water, diversion dispute, preliminary injunction
WATER: Preliminary injunction properly granted in diversion dispute… Haynes affirmed. [Read more…]
Motorcycle v. MVA
Uninsured employer failed to prove injuries were related to earlier motorcycle accident rather than work-related MVA… Sandler. [Read more…]
WCC jurisdiction, employer’s contest of UEF ruling
WCC has jurisdiction over employer’s contest of UEF determination to accept liability… Sandler. [Read more…]
Debt collection, unpaid GAL services
DEBT COLLECTION: FDCPA not applicable to order for wife to pay half of GAL’s services… GAL’s attempt to enforce collection of payment protected by quasi-judicial immunity (1st impression)… defamation claim properly rejected on summary judgment for failure to sign interrogatory responses… $7,408.70 principal plus interest properly awarded on summary judgment… Townsend affirmed. [Read more…]
Debt collection/sanctions, dental bill
DEBT COLLECTION/SANCTIONS: Summary judgment properly granted on FDCPA dental bill claim, but on basis that fees & charges were authorized by contract or law, not for failure to quickly dispute claim… attorney properly sanctioned $2,000 for missing hearing without notice of illness, $10,000 for disrespect of Court… $65,911 improperly assessed for frivolous suit in light of this Court’s finding that FDCPA claim not entirely frivolous, remanded for reconsideration… McLean affirmed (other grounds), reversed. [Read more…]
DUI, city BAC ordinances, PAST/post-arrest test
DUI: City ordinances making refusal to provide breath/blood test a misdemeanor subject to $500 fine not in conflict with state law, do not impair freedom of speech… refusal of PAST did not preclude post-arrest breath test with consent… Deschamps affirmed. [Read more…]