About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Case Citations [1] (April 2023 - August 2023)

handle is hein.ali/retsgy0595 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2023 Citations SURETYSHIP AND GUARANTY 3D CHAPTER 1. TRANSACTIONS GOVERNED BY LAW OF SURETYSHIP AND GUARANTY § 1. Scope; Transactions Giving Rise to Suretyship Status Mont.2022. Com. (c) cit. in sup. Employee and employer petitioned for judicial review after a state agency found in favor of employee on her claims of employment discrimination based on sexual harassment and retaliation. The trial court affirmed as modified to increase the amount of employee's award and denied employer's motion for a stay pending appeal. This court denied employer's motion for relief, holding that the supersedeas bond provided by employer in support of its motion to stay was inadequate security for employee's judgment, because one of the two entities that signed the bond as a surety was a reciprocal insurer that employer owned in part and belonged to as a subscriber. The court cited Restatement Third of Suretyship & Guaranty § 1 in reasoning that employer was essentially attempting to act as its own surety, because, if the surety became obligated to pay some portion of employee's judgment, employer might be required to indemnify the surety for that payment. NorVal Electric Cooperative, Inc. v. Lawson, 507 P.3d 157, 177. CHAPTER 2. FORMATION, ENFORCEMENT, AND INTERPRETATION OF THE SECONDARY OBLIGATION TOPIC 1. FORMATION OF THE SECONDARY OBLIGATION § 9. Consideration Mont.2022. Subsec. (2)(b) quot. in sup. Employee and employer petitioned for judicial review after a state agency found in favor of employee on her claims of employment discrimination based on sexual harassment and retaliation. The trial court affirmed as modified to increase the amount of employee's award and denied employer's motion for a stay pending appeal. This court denied employer's motion for relief, holding that the supersedeas bond provided by employer in support of its motion to stay was inadequate security for employee's judgment, because it was silent as to any consideration between employer and one of the two sureties that signed the bond. The court cited Restatement Third of Suretyship & Guaranty § 9 in reasoning that a surety that was called upon to pay the debt of the principal obligor could raise failure of consideration as a defense. NorVal Electric Cooperative, Inc. v. Lawson, 507 P.3d 157, 173. COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most