Justia Civil Procedure Opinion Summaries

Ian Elliot, Cindy Elliot, and their mother, Ada Elliot, were partners in StarFire, a limited partnership owning property in Gallatin County. Cindy managed StarFire and sought to remove Ian as a general partner. Ian was appointed Ada’s guardian, and Joyce Wuertz was appointed as Ada’s conservator. Ian sued Cindy for misappropriation of funds and sought to remove Wuertz as conservator, but his motions were denied. Ada’s will divided her estate equally between Ian and Cindy, but due to their strained relationship, a special administrator was appointed instead of Ian. Ian’s subsequent motions to disqualify the special administrator were also denied.The Thirteenth Judicial District Court, Yellowstone County, appointed Andrew Billstein as the special administrator of Ian’s estate. The Objectors (Jenny Jing, Alice Carpenter, and Mike Bolenbaugh) filed an untimely appeal against this appointment, which was declined. The Objectors also opposed the settlement agreements proposed by the Special Administrator, which aimed to resolve ongoing litigation involving Ian’s estate. The District Court approved the settlements, finding them reasonable under the Pallister factors, and denied the Objectors’ motion for relief under M. R. Civ. P. 59 and 60.The Supreme Court of the State of Montana reviewed the case and affirmed the District Court’s decisions. The court held that the District Court had subject matter jurisdiction to approve the settlement agreements and did not abuse its discretion in doing so. The court found that the settlements were reasonable, considering the strength of the cases, the risk and expense of further litigation, and the views of experienced counsel. The court also upheld the District Court’s denial of the Objectors’ post-judgment relief motions. View "In re Estate of Elliot" on Justia Law

In 1999, Rosemary Colver executed the Colver Land Trust agreement, naming her five children as beneficiaries and appointing Bruce and Karin as co-trustees. Rosemary and her husband, Richard, retained life estates in any real property held by the Land Trust. The Land Trust sold and purchased properties over the years, with the final property being the Sanders County Property, purchased by Rosemary and Richard in 2010. Richard quitclaimed his interest to Rosemary in 2012, and Rosemary's will devised the Sanders County Property in trust for Richard and their daughter, Gretchen, allowing them to reside there until their deaths.After Rosemary's death in 2017, Bruce and Gretchen were appointed co-personal representatives of her estate. The final accounting identified the Sanders County Property as an estate asset. In 2023, Gretchen filed a petition to correct the distribution of the Sanders County Property, claiming a life estate per the will. Bruce and the Land Trust filed a cross-motion, asserting the property belonged to the Land Trust, alleging it was purchased with Land Trust funds.The Twentieth Judicial District Court, sitting in probate, denied Bruce and the Land Trust's motion for summary judgment and granted Gretchen's motion, ruling that the Land Trust did not equitably own the Sanders County Property and that Gretchen had a valid life estate per the will.The Supreme Court of the State of Montana reviewed the case. It held that the probate court lacked subject matter jurisdiction to adjudicate the Land Trust's claim of equitable ownership, as such claims are equitable in nature and fall outside the probate court's limited jurisdiction. The Supreme Court reversed the probate court's decision regarding the Land Trust's claim and remanded with instructions to dismiss it. However, it affirmed the probate court's ruling that Gretchen had a valid life estate in the Sanders County Property as per the will. View "In re R.E. Colver" on Justia Law

Tammy Livingston, individually and as a beneficiary and co-trustee of the Livingston Music Interest Trust, sued her mother, Travilyn Livingston, over the termination of copyright assignments and associated royalties for songs authored by Jay Livingston. Jay had assigned his copyright interests in several songs to a music publishing company owned by Travilyn. Travilyn later invoked her statutory right to terminate these copyright grants and filed termination notices with the U.S. Copyright Office. Tammy challenged these terminations, claiming her rights as a beneficiary were affected.The United States District Court for the Middle District of Tennessee dismissed Tammy's complaint, holding that it failed to state a claim. Tammy appealed the decision, arguing that the termination notices were ineffective, defective, or invalid, and that she retained a state law right to receive royalties from the songs covered by the terminated agreements.The United States Court of Appeals for the Sixth Circuit reviewed the case and affirmed the district court's dismissal. The court held that the 2003 California probate court order, which declared that the Family Trust held no ownership interests in Jay's copyrights, precluded Tammy's claims. The court also found that Jay had validly executed the copyright grants as an individual, not as a trustee, and that Travilyn owned Jay Livingston Music at the time of the assignments. Additionally, the court rejected Tammy's arguments regarding the termination notices' compliance with federal requirements, noting that she failed to plead specific factual allegations for most of the notices. Finally, the court held that Tammy did not identify a state law basis for her claim to royalties, thus failing to meet the pleading standards under Civil Rule 12(b)(6). View "Livingston v. Jay Livingston Music, Inc." on Justia Law

Lester Warren Martin, a renowned pediatric surgeon and successful investor, passed away in 2020, leaving behind a substantial estate. He had created a revocable trust in 1990, which was to be distributed equally among his five children. After one of his daughters, Sarah Stewart, passed away, her share was to be divided between her two children, Daniel Stewart and Rachel Kosoff. In 2018, Lester gave his son, David Martin, power of attorney and made him the trustee of the revocable trust. David distributed $13,930,000 from the trust, mostly to Lester’s four living children, with a smaller portion to Daniel and Rachel.The United States District Court for the Southern District of Ohio held that David breached his fiduciary duties by making distributions without specific written authorization from Lester, as required by the trust. The court granted summary judgment for the plaintiffs on liability and dismissed their remaining claims. A jury trial determined that David owed Daniel and Rachel $2,086,000 in damages. David later filed a motion for relief from judgment, arguing that the court lacked jurisdiction because the plaintiffs did not have a legal right to sue under Ohio law. The district court agreed and dismissed the case.The United States Court of Appeals for the Sixth Circuit reviewed the case and found that Daniel and Rachel had Article III standing, as they alleged a concrete monetary injury traceable to David’s actions and redressable by the court. The appellate court vacated the district court’s order granting relief from judgment and remanded the case for the district court to rule on David’s Rule 50(b) motion for judgment as a matter of law regarding the necessity of expert testimony to prove damages. The appellate court affirmed the denial of David’s motion in limine to exclude the plaintiffs’ damages testimony. View "Stewart v. Martin" on Justia Law

Vernon K. Smith, Jr. was declared a vexatious litigant by the Fourth District Administrative District Judge (ADJ) in Idaho. This order prevents Smith from filing new litigation pro se in Idaho courts without obtaining prior permission from a judge. The determination arose from Smith's conduct in litigation concerning the administration of his mother Victoria H. Smith’s estate. Smith, a former attorney, was involved in contentious probate proceedings after his brother successfully challenged their mother's will, which had left the entire estate to Smith. The estate was subsequently administered as intestate, leading to multiple appeals and disciplinary actions against Smith by the Idaho State Bar.The district court found that Smith repeatedly filed frivolous and unmeritorious motions, including petitions to remove the personal representative (PR) and the PR’s counsel, motions to disqualify the district court judge, and objections to court orders. These actions were deemed to lack legal or factual basis and were intended to cause unnecessary delay. The PR of the estate moved to have Smith declared a vexatious litigant under Idaho Court Administrative Rule 59(d)(3), which the district court supported, leading to the referral to the ADJ.The Supreme Court of Idaho reviewed the case and affirmed the ADJ’s decision. The court held that the ADJ did not abuse its discretion in declaring Smith a vexatious litigant. The ADJ acted within the legal standards set forth in Rule 59(d) and reached its decision through an exercise of reason. The court also found that Smith’s due process argument was not preserved for appeal as it was raised for the first time. The court declined to award attorney fees to the ADJ, concluding that Smith’s appeal, although unsuccessful, was not frivolous or unreasonable. View "Smith v. Hippler" on Justia Law

Jacquelin Glassie filed a claim against the estate of her father, Donelson Glassie, alleging he breached a property settlement agreement by failing to adequately fund a trust established for her benefit. The executor of Donelson's estate, Paul Doucette, disallowed the claim, leading to a lawsuit in the Superior Court. After Jacquelin's death, her sister Alison, as executrix of Jacquelin's estate, continued the lawsuit. The Superior Court initially granted summary judgment for the estate, but the Rhode Island Supreme Court reversed, holding that the trustee of the trust, Wells Fargo, was the proper plaintiff. Wells Fargo then assigned its claims to Alison.A jury trial in the Superior Court resulted in a verdict for Alison, awarding her $1,164,138.43 in damages, which, with prejudgment interest, totaled $2,856,572.45. The jury also rejected the estate's counterclaim that Jacquelin had forfeited her interest under Donelson's will. The defendant, Doucette, filed a notice of appeal but failed to timely order the trial transcripts, leading Alison to move to dismiss the appeal.The Rhode Island Supreme Court reviewed the case after the Superior Court granted Alison's motion to dismiss the appeal due to Doucette's failure to timely order the transcripts and follow proper procedures for an extension. The Supreme Court affirmed the Superior Court's decision, finding no abuse of discretion. The Court emphasized that Doucette's reasons for the delay, including hopes for mediation and cost-saving, did not constitute excusable neglect. The Court noted the extensive litigation history and the trial justice's efforts to move the case forward, concluding that the deadlines were necessary and should be adhered to. View "Glassie v. Doucette" on Justia Law

Carol Wagner, the plaintiff, claims entitlement to a surviving spousal share from the estate of John Chislett, her former husband. She seeks to rescind a quitclaim deed she granted to the decedent, alleging it was obtained through fraud. Additionally, she challenges the validity of a 1974 Dominican Republic divorce decree obtained by the decedent, asserting it is invalid under New Hampshire law. The defendants, Sally Chislett, Kevin Chislett, and Wai Kwan Chislett, contest her claims.The Circuit Court (Kissinger, J.) ruled against the plaintiff, determining that her rescission action was barred by the statute of limitations and that her challenge to the divorce decree was barred by laches due to her forty-seven-year delay in raising the issue. Consequently, the court dismissed her claims.The Supreme Court of New Hampshire reviewed the case. The court upheld the lower court's decision, affirming that the statute of limitations for actions involving real property, RSA 508:2, applied to the plaintiff's rescission claim, which had expired. The court also agreed with the lower court's application of the doctrine of laches, finding that the plaintiff's delay in challenging the divorce decree was unreasonable and prejudicial to the defendants. The court noted that the plaintiff had remarried in reliance on the divorce decree and waited nearly five decades to contest its validity, during which time both her second husband and the decedent had died.The Supreme Court of New Hampshire affirmed the lower court's dismissal of the plaintiff's claims, concluding that the defendants were entitled to judgment as a matter of law. The court's decision effectively barred the plaintiff from claiming a surviving spousal share from the decedent's estate. View "Wagner v. Chislett" on Justia Law

Lea and Ann Brent were married in 1953 and divorced in 1983. As part of their divorce, Lea agreed to pay Ann $5,600 per month in permanent periodic alimony until her death or remarriage. Ann died in 2015, never having remarried. Lea began paying less than the required amount in 2002, but Ann never filed a contempt action for the unpaid alimony. Lea died in 2021, and Ann’s Estate filed a probate claim against Lea’s Estate for unpaid alimony totaling $358,700, covering the period from 2002 to 2015.The Washington County Chancery Court found that the claim for unpaid alimony was valid but limited it to the period from July 2014 to November 2015 due to the seven-year statute of limitations. The court awarded Ann’s Estate $139,104, which included the unpaid alimony for that period plus 8 percent interest per annum. However, the court denied Lea’s Estate credit for partial alimony payments totaling $51,000 made between July 2014 and November 2015 and for a $75,143.28 life insurance proceeds payment made to Ann’s Estate in 2019.The Supreme Court of Mississippi reviewed the case and found that the chancery court erred in denying Lea’s Estate credit for the partial alimony payments and the life insurance proceeds payment. The Supreme Court held that the total amount of credit exceeded the total amount owed for the relevant period, leaving no unpaid alimony to award Ann’s Estate. Consequently, the Supreme Court reversed the chancery court’s decision and rendered judgment in favor of Lea’s Estate. View "In re The Estate of Brent v. The Estate of Brent" on Justia Law

Peter Farina has lived at the Victor Howell House, a group home for low-income individuals, since 1989. In 2000, the Janet Keenan Housing Corporation (JKHC), a non-profit, purchased the property to maintain it as affordable housing. Recently, JKHC attempted to sell the house to a private third party, leading to two tracks of litigation. The District of Columbia sued JKHC to halt the sale, arguing it violated JKHC’s charitable purposes. As the District and JKHC neared a settlement allowing the sale, Farina sought to intervene but was denied. Farina then filed his own lawsuit, claiming his rights under the Tenant Opportunity to Purchase Act (TOPA) and the Uniform Trust Code (UTC) were being violated.The Superior Court of the District of Columbia denied Farina’s motion to intervene in the District’s case, citing untimeliness and lack of standing. The court approved the settlement between the District and JKHC, which allowed the sale to proceed. In Farina’s separate lawsuit, the court ruled against him, stating his TOPA rights were extinguished by the court-approved settlement and that he lacked standing to bring his UTC claim.The District of Columbia Court of Appeals reviewed the case. The court held that Farina’s TOPA rights were not extinguished by the settlement, as the sale was an arm’s-length transaction and not exempt under TOPA. Farina must be given the opportunity to purchase the property under TOPA. However, the court agreed with the lower court that Farina lacked standing to bring his UTC claim, as he was neither a settlor nor a special interest beneficiary of JKHC. The court affirmed the judgment in the District’s case but vacated the judgment in Farina’s case, remanding it for further proceedings to afford Farina his TOPA rights. View "Farina v. Janet Keenan Housing Corporation" on Justia Law

Erna Rousey transferred five real properties and nearly $225,000 in cash assets to her son, James “Jimmy” Rousey, Jr., in the last few years of her life. After her death, her estate sought recission of these transfers, alleging undue influence. The estate argued that Erna lacked the mental capacity to make the transfers and that they were the product of fraud, undue influence, or coercion. Jimmy contended that the transfers were valid gifts and that Erna had sufficient mental capacity.The Superior Court of the State of Alaska, Third Judicial District, Anchorage, found that Jimmy maintained a confidential relationship with Erna and that the property transfers were the result of undue influence. The court concluded that the estate was entitled to recission of the property transfers and awarded attorney’s fees to the estate. Jimmy, representing himself, appealed the recission and attorney’s fee award, arguing that the transfers were valid gifts and that the court erred in its findings.The Supreme Court of the State of Alaska reviewed the case and affirmed the recission of the property transfers. The court held that the estate provided clear and convincing evidence that Jimmy exerted undue influence over Erna, who was susceptible due to her diminished mental capacity, isolation, and reliance on Jimmy. The court found that Jimmy failed to rebut the presumption of undue influence and that the transfers were not gifts. However, the Supreme Court vacated and remanded the enhanced attorney’s fee award for reconsideration, noting that the superior court may have improperly relied on Jimmy’s actions before the litigation started and did not sufficiently explain why Jimmy’s opposition to the petition was in bad faith. The Supreme Court instructed the lower court to reconsider the attorney’s fee award based on appropriate factors. View "In re Estate of Rousey" on Justia Law