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Request of former Hillbroom estate attorney vs estate trustee is granted
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Posted on Nov 09 2020
The U.S. District Court for the NMI has granted the request for partial summary judgement of one of the former Hillbroom estate attorneys who is suing a fellow defendant for libel, slander, and defamation.
District Court for the NMI Chief Judge Ramona V. Manglona granted Barry Israel’s partial summary judgment to his claim that Keith Waibel, the former trustee of Junior Larry Hillbroom, made defamatory statements per se to others and made defamatory statements negligently.
However, Manglona denied Israel’s motion for summary judgment in his cross-claims against Waibel and also denied Israel’s claim that Waibel made defamatory statements intentionally and with malice.
Manglona stated in her order that, while the court agrees with Israel that he is entitled to presumed damages as a matter of law, no evidence has been provided supporting any amount.
Regarding Israel’s entitlement to special damages, the court disagrees with Israel’s claim that the damages are undisputedly $1,442,877.67. Rather, the question of presumed and/or special damages should be left for a jury to decide.
As for the $400,000 being claimed by Israel, Manglona said he failed to establish traditional malice and to demonstrate entitlement as matter of law.
She said there is a reasonable dispute as to the amount of punitive damages owed and that issue should be left for a jury to decide.
Israel filed a motion for summary judgment for his cross-claims against Waibel for libel, slander, and defamation.
Israel also requested the court to enter a judgment against Waibel and issue an award of $1,442,877.67 and punitive damages in the amount of $400,000.
Hillbroom sued his former attorneys, David Lujan and Israel, for legal malpractice, negligence, breach of fiduciary duty, fraud, and violations of Racketeer Influenced and Corrupt Organizations Act.
According to the lawsuit, Israel and Lujan, who represented Hillbroom when he was a minor, secured $90 million from the Larry Lee Hillblom estate on their client’s behalf. When Hillbroom became an adult, he sued his former lawyers and trustee. Hillbroom claims that the defendants committed fraud.
In July 2020, Hillbroom dismissed Israel from the lawsuit pursuant to a settlement.
