UNJUST ENRICHMENT claims may arise from Indian school’s alleged failure to distribute equitable shares of funds to Tribe which it obtained by marketing plight/need of Tribe… forensic accounting cause supplanted by discovery rules… contract, negligent misrepresentation, fraud, conversion, cultural [Read more…]
Continuing tort, RR contamination, certified
CONTINUING TORT: Contamination that has stabilized as to quantity or concentration but continues to migrate will toll statute until harm no longer reasonably can be abated… certified question from Cebull. [Read more…]
Contamination, continuing tort, certified question
CONTAMINATION: Certified question from Cebull accepted as to continuing tort doctrine for trespass/nuisance property [Read more…]
Public access, video depositions, FDCPA case
PUBLIC ACCESS to video depositions in FDCPA case ordered… Strong. [Read more…]
Injunction, appeal moot after sale of property
INJUNCTION: Appeal of H. Brown’s denial of TRO and request for remand for preliminary injunction to stop trustee’s sale of building damaged in gas explosion mooted by subsequent transfers of property, failure to request stay pending appeal… alleged fraudulent conveyance not an [Read more…]
Railroads, crossing death, exhibits authentication
RAILROADS: Previously defective RR exhibits as to crossbucks at death crossing properly authenticated on remand from Supreme Court, state law tort claims preempted by federal funding of crossbucks… Fagg. [Read more…]