Product Liability – Economic loss doctrine does not bar water-damage claim
Neither the statute of limitations nor the economic-loss doctrine bars plaintiffs’ water-damage claim arising from allegedly defective plumbing fixtures.
View ArticleInsurance – Tenant can recover roof repair expenses from landlord
A commercial lease that required the tenant to carry casualty insurance did not eliminate the landlord’s responsibility for costly roof repairs.
View ArticleInsurance – Summary disposition denied in restaurant fire-damage dispute
A dispute whether a properly functioning fire-suppression system would have minimized fire and smoke damage to a restaurant precludes summary disposition for the fire system’s maintenance company.
View ArticleProfessional Responsibility – Speculative arguments without expert witness...
Defendant law firm is granted summary disposition of plaintiff’s legal malpractice claim because plaintiff lacks expert testimony to establish the firm’s alleged negligence.
View ArticleCivil Procedure – Court cannot enjoin suit by entity not under receiver’s...
Where defendant’s property and collateral, but not defendant itself, was placed into receivership, the court lacks authority to grant the receiver’s motion to enjoin a third-party suit against defendant.
View ArticleBusiness Law – Available money damages for alleged licensing breach precludes...
Even though plaintiff has shown a strong likelihood of success on the merits of its claim that defendant breached the parties’ licensing agreement, plaintiff’s request for an injunction is denied...
View ArticleCivil Procedure – Sanctions denied for claim of destroyed and fabricated...
A defense motion for sanctions for plaintiffs’ alleged destruction of evidence and creation of forged documents is denied.
View ArticleBusiness Law – Defendant enjoined from competing with former employer
Defendant’s operation of a freight-hauling business violates his noncompete agreement with his former employer.
View ArticleCivil Procedure – Equitable estoppel does not apply to save untimely suit
Where plaintiff’s initial suit against his former partners in a golf course operation was dismissed for nonservice, the statute of limitations cannot be suspended under the doctrine of equitable estoppel.
View ArticleCriminal Law – Corpus delicti rule does not bar defendant’s statements
Although a person’s confession, under the corpus delicti rule, cannot be used to establish that an individual is dead and that a criminal agency caused the death, defendant’s nonconfessional statements...
View ArticleCivil Procedure – Court shifts burden of persuasion to defense as discovery...
Where plaintiff claims defendants overstated corporate expenses to reduce profits to which he is entitled, the jury will be instructed that any corporate expenses are presumptively impermissible...
View ArticleAdministrative Law- Immunity is extended to quasi-judicial bodies
Quasi-judicial immunity is an extension of absolute judicial immunity to non-judicial officers serving in a quasi-judicial adjudicative capacity, including, ascertaining facts and making orders founded...
View ArticleInsurance – Summary disposition denied in restaurant fire-damage dispute
A dispute whether a properly functioning fire-suppression system would have minimized fire and smoke damage to a restaurant precludes summary disposition for the fire system’s maintenance company.
View ArticleProfessional Responsibility – Speculative arguments without expert witness...
Defendant law firm is granted summary disposition of plaintiff’s legal malpractice claim because plaintiff lacks expert testimony to establish the firm’s alleged negligence.
View ArticleCivil Procedure – Court cannot enjoin suit by entity not under receiver’s...
Where defendant’s property and collateral, but not defendant itself, was placed into receivership, the court lacks authority to grant the receiver’s motion to enjoin a third-party suit against defendant.
View ArticleBusiness Law – Available money damages for alleged licensing breach precludes...
Even though plaintiff has shown a strong likelihood of success on the merits of its claim that defendant breached the parties’ licensing agreement, plaintiff’s request for an injunction is denied...
View ArticleCivil Procedure – Sanctions denied for claim of destroyed and fabricated...
A defense motion for sanctions for plaintiffs’ alleged destruction of evidence and creation of forged documents is denied.
View ArticleBusiness Law – Defendant enjoined from competing with former employer
Defendant’s operation of a freight-hauling business violates his noncompete agreement with his former employer.
View ArticleCivil Procedure – Equitable estoppel does not apply to save untimely suit
Where plaintiff’s initial suit against his former partners in a golf course operation was dismissed for nonservice, the statute of limitations cannot be suspended under the doctrine of equitable estoppel.
View ArticleCriminal Law – Corpus delicti rule does not bar defendant’s statements
Although a person’s confession, under the corpus delicti rule, cannot be used to establish that an individual is dead and that a criminal agency caused the death, defendant’s nonconfessional statements...
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