Kiribati Seafood Company, LLC v. Crovo (Lawyers Weekly No. 12-162-16)
Attorney malpractice claims arising from settlement fund disbursement barred by statute of limitations when client had clear notice of harm by receiver appointment date.
Category Superior Court Opinions
United Salvage Corp. of America v. Kradin (Lawyers Weekly No. 12-159-16)
Preliminary injunction granted enforcing noncompete and nonsolicitation covenants in business sale agreement despite defendant's claim of wrongful termination.
Hillside FXF, LLC, et al. v. Premier Design + Build Group, LLC, et al. (Lawyers Weekly No. 12-158-16)
Court denied summary judgment where release language in change order was ambiguous and context suggested it addressed only fee disputes, not $3 million foundation damage claim.
Everest National Insurance Company v. Berkeley Place Restaurant Limited Partnership (Lawyers Weekly No. 12-155-16)
Insurer sought contribution from restaurant that negligently served alcohol to drunk driver. Court grouped corporations vicariously liable under vehicle ownership statute with driver as single tortfeasor share and limited recovery to insurer's proportional settlement payment.
OBP Corporation v. Welch Allyn, Inc. (Lawyers Weekly No. 12-156-16)
Court denies motion to dismiss misappropriation claim where competitor received confidential customer list from distributor and used it to target competitor's clients with discounts.
Tam, et al. v. Federal Management Co., Inc., et al. (Lawyers Weekly No. 12-154-16)
Class of property managers decertified after discovery revealed named plaintiffs submitted false affidavits and one faced statute of limitations bar.
Red Door Real Estate, LLC v. Karwashan, et al. (Lawyers Weekly No. 12-146-16)
Real estate brokerage loses trademark infringement claim against competitor using similar name; court finds no evidence of actual marketplace confusion or customer harm.
Paasch, et al. v. INVO Bioscience, Inc., et al. (Lawyers Weekly No. 12-150-16)
Default judgment against defaulting defendant improper where identical claims against co-defendants were dismissed for failure to state a claim.
Commonwealth v. Powell (Lawyers Weekly No. 12-151-16)
Court allows defendant's motion for DNA testing of blood-stained baseball bat under Chapter 278A, finding motive evidence relevant to identifying alternate perpetrator.
O’Donnell, et al. v. O’Donnell, et al. (Lawyers Weekly No. 12-148-16)
Estate dispute among deceased's children: court barred breach of fiduciary duty claim against trustee based on beneficiaries' failure to object to trust accountings disclosing the transactions, and found the claim time-barred.