LENDING BREACH claims involving condo development barred as compulsory counterclaims that should have been made in foreclosure or by claim preclusion… summary judgment for bank, jury trial vacated… Reynolds. [Read more…]
Lending breach, $52,037,593 verdict, post-trial
LENDING BREACH: Post-trial rulings on $52,037,593 verdict… challenges to general verdict form rejected… fees to be awarded pursuant to loan documents reciprocity, but based on hours, not 40% contingency… bank waived punitives cap by failure to disclose evidence of net worth, but cap also unconstitutional abrogation of right of trial by jury… award of compensatory [Read more…]
$52,037,593 verdict, lending breach, TARP
VERDICT: $52,037,593, lending breach, failure to use TARP money to help struggling business… $275,251 owed by business to local development corporation. [Read more…]
Lending breach, Michigan law, standstill agreement
LENDING BREACH: Montana law applicable to suit against Michigan bank… bank’s summary judgment motion based on inapplicable law or clearly disputed material facts… case against bank not extinguished by standstill agreement or personal guaranty… no private cause under TARP, but TARP [Read more…]
Choice of law, Michigan bank, supervisory control
CHOICE OF LAW: Request for supervisory control of Krueger as to “deemed denied” rulings on claim of Michigan law not sufficiently supported… order. [Read more…]
$155,930 discovery sanctions
SANCTIONS: $155,990.39 for discovery abuse… not necessary to compare opposing counsel’s fees… default too severe as no bad faith in responding to discovery following sanctions order… Krueger. [Read more…]
Road easements, lakeshore lots
ROAD EASEMENTS not established by lakeshore owners to developer’s adjacent land… McLean affirmed. [Read more…]
Bankruptcy/property, certified question, quiet title
BANKRUPTCY/PROPERTY: Certified question declined by Bankruptcy Court as to whether Ch. 12 plan which does not [Read more…]
Warrant of attachment, contempt, 11th-hour stay
WARRANT OF ATTACHMENT: Emergency 11th-hour motion for temporary stay of detention of attorney-designee of non-party in [Read more…]
Bankruptcy, certified question
BANKRUPTCY: Certified question to Bankruptcy Court whether Ch. 12 plan which does not provide for secured creditor to retain [Read more…]