Latest 2 Cases: Malabe v. Ass'n of Apartment Owners of Executive Centre (Antitrust & Trade Regulation), State v. Ernes (Civil Rights)

Malabe v. Ass'n of Apartment Owners of Executive Centre

Docket: SCWC-17-0000145

Opinion Date: June 17, 2020

Judge: Sabrina S. McKenna

Areas of Law: Antitrust & Trade Regulation, Real Estate & Property Law

In this certiorari proceeding arising out of a lawsuit brought by condominium owners whose unit was nonjudicially foreclosed by their association of apartment owners the Supreme Court held that the intermediate court of appeals (ICA) erred in affirming the circuit court's dismissal of the unfair or deceptive acts of practices (UDAP) claim, holding that the Plaintiffs' UDAP claim should not have been dismissed. Plaintiffs filed a complaint against their association (Association), by and through its board of directors (Board), asserting wrongful foreclosure and UDAP claims based on the Board's nonjudicial foreclosure and public sale of their condominium apartment due to unpaid assessment fees. The circuit court dismissed the complaint for failure to state a claim. The ICA held that the circuit court (1) erred in dismissing Plaintiffs' wrongful foreclosure claim, and (2) correctly dismissed the UDAP claim as time-barred. The Supreme Court reversed as to the UDAP claim and otherwise affirmed, holding (1) the ICA correctly reinstated the wrongful foreclosure claim because the Board lacked a power of sale; and (2) based on the applicable notice pleading standard, viewing the complaint in the light most favorable to Plaintiffs, it cannot be said that Plaintiffs can prove no set of facts in support of their claim that would entitle them to relief.

State v. Ernes

Docket: SCWC-17-0000507

Opinion Date: June 17, 2020

Judge: Sabrina S. McKenna

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court reversed Defendant's conviction of assault against a law enforcement officer in the second degree, holding that the record did not reflect an on-the-record exchange sufficient to constitute the true colloquy required to establish a knowing and intelligent waiver of Defendant's constitutional right to a jury trial. Defendant was convicted after a bench trial. On appeal, Defendant argued that the district court reversibly erred in failing to obtain a valid on-the-record waiver of his constitutional right to a jury trial. The intermediate court of appeals (ICA) affirmed. The Supreme Court vacated the judgments of the ICA and the district court, holding that, under the totality of the circumstances, the record did not reflect an on-the-record exchange sufficient to constitute the true colloquy required to establish a knowing and intelligent waiver of Defendant's constitutional right to a jury trial.