VERDICT: $64 million to contractor on refinery overhaul, $20 million to refinery, affirmed over contractor’s challenge to JML for refinery on PPA, denial of prejudgment interest… Watters affirmed (memorandum). [Read more…]
Joinder, Montana representative, herbicide suit
JOINDER: Allegations against Montana representative of herbicide manufacturer sufficient to meet joinder standard, rep’s general denial of responsibility insufficient to establish fraudulent joinder… suit alleging non-Hodgkin Lymphoma from use of Roundup remanded to State Court, mooting Plaintiffs from MDL Panel set to rule on some 400 other cases… Morris. [Read more…]
Discovery sanctions, debt relief services, $121,350
DISCOVERY: $71,350 fees awarded for motion to compel debt relief services at $550/$400/hr… protective order denied… fee award considered discovery sanction, additional $50,000 imposed, default denied… Krueger. [Read more…]
Defense verdict, oil/gas joint venture
VERDICT: Defense, oil/gas joint venture. [Read more…]
Arbitration, debt relief services, 1-sided clause
ARBITRATION: Arbitrability of 1-sided debt relief services arbitration clause properly determined by Court, clause properly found unconscionable, unenforceable… Krueger affirmed. [Read more…]
$1,483,449 attorney fees, coal tract transfer
ATTORNEY FEES: $1,483,449 fees/costs recommended by Strong approved by Christensen for decades of stonewalling by US which forced Plaintiffs to litigate statutory right to coal tract transfer, over objection by US to rates of $500 for 1 attorney, $300 for 6. [Read more…]
False Claims Act, $5.25 million, medical device
FALSE CLAIMS ACT: Up to $5.25 million to US for allegedly misleading providers about billing federal health care programs for medical device, up to $945,000 to whistleblower. [Read more…]
Condemnation/appeal, fees, law of case
CONDEMNATION/APPEAL: Prior remand limited to determination of amount of fees, award of $116,739.53 affirmed, but subsequent order declaring 70-30-306(2) unconstitutional exceeded law of case and remand instructions… Curtis affirmed, reversed (IOR I-3(d)). [Read more…]
$1,483,449 attorney fees/costs, coal tract transfer
ATTORNEY FEES: $1,483,449.12 fees/costs recommended (of $2,079,229 sought) for decades of stonewalling by US which forced Plaintiffs to litigate statutory right to coal tract transfer in which they received $5,536,000 worth of coal… amount [Read more…]
Unjust enrichment, co-Defendant Diocese liability
UNJUST ENRICHMENT: Claim that Diocese is separate from co-Defendant Indian school to be resolved on remand, rehearing denied… order. [Read more…]