7 results for 'judge:"Holland"'.
J. Holland denies an individual's motion for partial summary judgment regarding his use of a golf cart on Sitka roads as a mobility device due to his disabilities. The police department had approved his use of the golf cart, but then three years later revoked its approval, and decided he was no longer allowed to drive the golf cart on roads or sidewalks. The individual appeals the decision, alleging the police violated the Americans with Disabilities Act. "The fact that Plaintiff’s use of his golf cart now runs afoul of Sitka’s ordinances and state statutes and regulations, does not make his request unreasonable as a matter of law." The individual is granted leave to renew after discovery has been completed.
Court: USDC Alaska, Judge: Holland, Filed On: December 29, 2023, Case #: 3:23cv41, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act
J. Holland denies a marine vessel maintenance company's motion for summary judgment in a vessel repair contract dispute after a customer stopped payment on the check to cover repairs. The customer alleges in counter-claims that repairs were delayed and that they were overcharged. The company has not presented evidence of an agreement to settle the disputed account
Court: USDC Alaska, Judge: Holland, Filed On: November 28, 2023, Case #: 1:22cv6, NOS: Marine - Contract, Categories: Maritime, Contract
J. Holland grants an insurance company's motion to exclude expert opinions in an policy coverage dispute. The insured alleges its building suffered damage due to snow load. The insurance company paid only a portion of the claim, alleging that the estimate included upgrades that are not required by ordinance or law. The insured failed to disclose the experts by the expert witness deadline, and did not move to amend its witness list to add them, therefore their opinions are excluded. Allowing the insured to add expert witnesses at this point would delay the final stages of litigation.
Court: USDC Alaska, Judge: Holland, Filed On: August 15, 2023, Case #: 4:20cv23, NOS: Insurance - Contract, Categories: Insurance, Experts
J. Holland grants in part a motion to exclude certain expert opinions in an insurance dispute regarding a roof failure. The insurer paid a portion of the repair estimate, claiming that the estimate included upgrades not required by "ordinance or law." The insurer also found that the roof failed due to poor construction rather than snow load, as the insured claimed. The insurance industry standards expert is not qualified to opine on whether the repair proposal would bring the building back up to code because he is not a building codes or construction expert. The expert's opinion on the defective design exclusion is his own opinion on the correct interpretation of the insurance contract, which is a legal conclusion, and must be excluded. The expert's opinion regarding the insurance company's net worth, as a “former head auditor and CPA with special expertise in
insurance accounting" shall be allowed.
Court: USDC Alaska, Judge: Holland, Filed On: August 10, 2023, Case #: 4:20cv23, NOS: Insurance - Contract, Categories: Insurance, Experts
J. Holland grants in part an insured's motion to exclude some expert opinions in an insurance coverage dispute regarding a roof failure due to snow load. The insurance company did not cover the full amount that the insured submitted for a repair estimate. One expert "is instructing on
what the law is in Alaska as it pertains to an insurance bad faith claim, which an expert is not permitted to do," therefore some of that expert's opinions are excluded.
Court: USDC Alaska, Judge: Holland, Filed On: July 26, 2023, Case #: 4:20cv23, NOS: Insurance - Contract, Categories: Insurance, Experts
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J. Holland reverses a decision by the Interior Board of Indian Appeals (IBIA) regarding an allotment of land that was to be divided among an individual's sons after he died. His son alleges that the BLM mistakenly forgot to include an express reservation of a right-of-way for an access road in the allotment conveyance certificate. The IBIA decision that the federal defendants did not have jurisdiction to consider the son's claims because the adjacent allotment had been conveyed out of federal ownership was "was patently erroneous, arbitrary, and capricious." The IBIA decision is reversed and the matter is remanded to the IBIA for further proceedings.
Court: USDC Alaska, Judge: Holland, Filed On: June 27, 2023, Case #: 3:20cv198, NOS: All Other Real Property - Real Property, Categories: Real Estate, Jurisdiction
J. Holland grants a motion to exclude expert testimony and opinions in an insurance dispute over the policy coverage amount after an insured's roof failed due to snow load. The insured did not disclose the individual as an expert witness after retaining him in July 2022, and did not provide a signed expert report from him, therefore the insured is precluded from relying on the expert's opinions regarding building code and ordinances.
Court: USDC Alaska, Judge: Holland, Filed On: June 21, 2023, Case #: 4:20cv23, NOS: Insurance - Contract, Categories: Insurance, Contract