CONTRACT: $136,867.92 judgment properly awarded Plaintiff in dispute over ambiguous investment agreement but no basis for award of $55,000 to Defendant… remanded for further consideration of fees for Defendant prevailing on claim that Plaintiff denied access to financial information… Eddy affirmed, reversed. [Read more…]
Single Audit Act, State liability, claims against Browning
SINGLE AUDIT ACT: Plaintiffs alleging Browning mismanagement precluded from suing State for failure to enforce SAA, State cannot be held liable for debts or liabilities attributable to a local government… Reynolds. [Read more…]
Appellate mediation, Mutual Release sticking point
APPELLATE MEDIATION: Parties ordered to go back to mediator to attempt to resolve sticking point in Mutual Release prepared following mediation… order. [Read more…]
Drugs, contact with road rage motorcyclist
DRUGS: Particularized suspicion properly found to make contact with motorcyclist standing by his motorcycle at pub based on road rage report, drugs found in pocket in search incident to arrest on outstanding warrant properly seized. . . Ulbricht affirmed (IOR I-3(c)). [Read more…]
Gas pipeline contract, closed interconnection
GAS PIPELINE CONTRACT: Defendants did not breach or repudiate sharing agreement by declining to reopen interconnection valve pending resolution of safety issues . . . “eye-popping” $459,700 attorney fees (less improper fees-for-fees) properly awarded Defendants pursuant to contract including at $600/hr for 2nd-chair out-of-state counsel. . . costs improperly awarded in excess of §25-10-201 allowables. . . Cybulski affirmed, reversed. [Read more…]
Wrongful discharge, at-will casino employee
WRONGFUL DISCHARGE claims by at-will casino employee rejected on summary judgment… Marshalene Last Star. [Read more…]
Speedy trial, new trial w/in 6 months of mistrial
SPEEDY TRIAL not violated as new trial date was within 6 months of mistrial, charges need not be refiled within the 6 months… Ortley affirmed (IOR I-3(c)). [Read more…]
Water pipeline, easement in gross v. appurtenant
WATER PIPELINE agreement created easement in gross, not appurtenant, valid requirement for consent to assign, grantors had right to reasonably withhold consent to agribusiness… no prescriptive easement based on claimed adverse use of ditch… Oldenburg affirmed. [Read more…]
$618,816 restitution, motorcycle accident victims
RESTITUTION: $618,816.41 properly awarded to motorcycle accident victims… Allison affirmed. [Read more…]
MUCC, boat/trailer ownership transfer
MUCC controls transfer of ownership of boat & trailer, not title (not signed by purchasers)… as identification happened before seizure by judgment assignee, purchasers’ rights are superior, injunctive relief for return properly granted… Ortley affirmed (IOR I-3(d)). [Read more…]