Where reference to comparable sales was wrong or speculative, possible pipeline hazards are not inherent in an easement and the substance of other appraisals was inadmissible hearsay, the landowners’ expert was barred from testifying on these topics in a condemnation ...

Tagged with: Commercial Judge Elizabeth K. Dillon U.S. District Court - Western District

Where trial counsel for a defendant challenging his incarceration for malicious wounding of a police officer relied on a then-recent mental competency exam and the defendant’s own denial of mental illness history, his performance was not constitutionally deficient. The defendant’s ...

Tagged with: Criminal Judge Elizabeth K. Dillon U.S. District Court - Western District

Where a former auto dealership employee argued she first saw the arbitration agreement when it was attached to the company’s motion to compel arbitration over her sex bias, harassment and hostile work environment claims, and said she had no memory ...

Tagged with: Arbitration Judge Elizabeth K. Dillon U.S. District Court - Western District

Where the prime contractor’s breach of contract claim would resolve whether a subcontractor failed to meet deadlines and whether the prime contractor suffered damages, its declaratory judgment claim was dismissed as redundant. Background In May 2011, the United States Army ...

Tagged with: Contract Judge Elizabeth K. Dillon U.S. District Court - Western District

In declining to wade into a dispute about the scope of coverage available for an underlying wrongful death suit, the court noted that the suit is pending, no judgment has been entered and there was a risk in issuing an ...

Tagged with: Insurance Judge Elizabeth K. Dillon U.S. District Court - Western District

Where a dispute arose between the Elks Grand Lodge and a local lodge over $666,090 deposited with a bank, the funds were awarded to the national group after the local lodge failed to file an answer or respond to the ...

Tagged with: Banking Judge Elizabeth K. Dillon U.S. District Court - Western District

Where a debt collection letter included a settlement offer that expired during the 30-day dispute window, but did not demand immediate payment or payment-in-full before 30 days, the claim under the Fair Debt Collection Practices Act was dismissed. The settlement ...

Tagged with: Consumer Protection Judge Elizabeth K. Dillon U.S. District Court - Western District

Where a lawyer’s former client asserted he committed legal malpractice in handling her divorce, because the duties of care arose out of his professional obligations to his client, her claim for gross negligence was dismissed as duplicative of the legal ...

Tagged with: Judge Elizabeth K. Dillon Negligence U.S. District Court - Western District

A child whose mother refused to return her to Honduras following their visit to the United States and whose father petitioned for her return, will remain here. The father delayed in filing his petition, and the child is now well-settled. ...

Tagged with: Domestic Relations Judge Elizabeth K. Dillon U.S. District Court - Western District

Where an Oklahoma company attempted to transfer a case to Oklahoma under 28 U.S.C. § 1404(a) by arguing the plaintiff had the burden of showing why it should not be transferred, it misread a Supreme Court case which turned on ...

Tagged with: Contract Judge Elizabeth K. Dillon U.S. District Court - Western District