Recently in Property Law Category

In a class action based on defendants' alleged contamination of plaintiffs' property through operation of a zinc smelter, the district court's order granting plaintiffs' motion to remand the case to state court is affirmed where plaintiffs' claims fell within the "local controversy exception" to the Class Action Fairness Act.

Read Coffey v. Freeport McMoran Copper & Gold, No. 09-6106

Appellate Information

Filed September 4, 2009

Judges

Per Curiam

Counsel

For Appellants:

Marie R. Yeates, Vinson & Elkins, LLP, Austin, TX

Morgan L. Copeland, Jr., Vinson & Elkins, LLP, Austin, TX

For Appellees:

Nelson J. Roach, Nix, Patterson & Roach, LLP, Dangerfield, TX

Keith L. Langston, Nix, Patterson & Roach, LLP, Dangerfield, TX

In a breach of contract action alleging that defendant failed to implement a required interest rate reduction pursuant to the parties' mortgage agreement, plaintiff's appeal is dismissed where defendant purchased the right to pursue plaintiff's cause of action at a public execution sale.

Read RMA Ventures Cal. v. SunAmerica Life Ins. Co., No. 08-4035

Appellate Information

Filed August 11, 2009

Judges

Opinion by Judge Baldock

Counsel

For Appellant:

Ronald W. Ady, Salt Lake City, UT

For Appellees:

George W. Pratt, Jones, Waldo, Holbrook & McDonough, Salt Lake City, UT

In a constitutional challenge to a Utah statute requiring attorneys who acted as trustees of real property trust deeds in Utah to maintain a place within the state to meet with trustors in connection with foreclosures, summary judgment for Defendant is affirmed where Plaintiff failed to present evidence that could satisfy his burden to establish a discriminatory effect.

Read Kleinsmith v. Shurtleff, No. 07-4187

Appellate Information

Filed July 6, 2009

Judges

Opinion by Judge Hartz

Counsel

For Appellant:

Philip M. Kleinsmith, pro se

For Appellee:

Nancy L. Kemp, Assistant Utah Attorney General, Salt Lake City, UT