JUDICIAL ESTOPPEL: Counsel substitution not justification for untimely summary judgment motion but no prejudice so properly allowed, but malicious prosecution and abuse of process claims not barred by judicial estoppel arising from failure to update Ch. 7 schedules to disclose pending claims… Fehr reversed. [Read more…]
$35 million default judgment, securities software
DEFAULT: $35 million default judgment properly entered against Defendant for failure to participate in securities trading software litigation… Fehr affirmed (memorandum). [Read more…]
$2,221,839 verdict, apartment building earthwork
VERDICT: $2,221,839, breach of subcontract by earthwork subcontractor resulting in demolition of apartment building due to movement from lack of soil compaction and foundation drainage. [Read more…]
Probate, emails/texts not “written contract”
PROBATE: Emails, texts, and verbal agreement do not constitute a “written contract” executed by each heir for distribution of truck… PR had no duty to put purported agreement by heirs in writing… Harris reversed. [Read more…]
Construction defects, suit remains alive per clarification
CONSTRUCTION DEFECTS: Suit involving apartment building that was destroyed due to soil movement remains alive pursuant to Court’s ruling on Plaintiffs’ requested “clarification” of summary judgment rulings which Defendant construed as resulting in dismissal of entire case… Hayworth. [Read more…]
Construction defects, apartment building soil movement
CONSTRUCTION DEFECTS: Tort claims against excavation contractor of apartment building that was destroyed due to soil movement including concealment of defects dismissed on summary judgment based on statutes of limitation… contract claims survive summary judgment BUT Plaintiffs are unable to seek restoration damages because they cannot prove “temporary injury” resulting in dismissal of entire case… Hayworth. [Read more…]
Medicaid, Trust jointly owned home not countable asset
MEDICAID: Trust principal consisting of jointly owned home not a countable asset for Medicaid eligibility under “any circumstance”… 1st impression… DPHHS/McMahon reversed. [Read more…]
Sexual harassment, $25,894.76, hearsay as to demeanor
SEXUAL HARASSMENT: HRB’s finding of unlawful harassment improperly reversed based on alleged hearsay testimony of observations of Plaintiff’s demeanor and reaction in he-said/she-said case… $25,894.76 damages award properly affirmed… Holien affirmed, Souza reversed, affirmed (memorandum). [Read more…]
Noncompete covenant, departing CPAs, $2,353,463
NONCOMPETE COVENANT: $2,353,463 damages properly awarded against CPAs who left with client list to start new firm, jointly & severally rather than individually (thinly-veiled attempt to invalidate Covenant as grossly unreasonable)… prejudgment interest properly awarded except 1 month too soon… discovery sanctions properly denied… Eddy affirmed. [Read more…]
Payroll software, licensing agreement, tort/contract
PAYROLL SOFTWARE dispute properly resolved on summary judgment in favor of Defendant as to licensing agreement and in favor of Plaintiff on tort and contract counterclaims. . . Defendant’s 2nd motion to compel discovery properly denied as futile despite Plaintiff’s initial non-descriptive boilerplate and incomplete responses. . . no abuse of discretion in denying fees to Defendant based on contract or §27-8-313. . . Gustafson affirmed. [Read more…]