Press Releases

August 2015

SOUTHERN UTAH ATTORNEY BENJAMIN RUESCH ADMITTED TO ARIZONA STATE BAR

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July 2014

SOUTHERN UTAH ATTORNEY WINS FRAUD, IDENTITY THEFT AND NEGLIGENCE CASE FOR PLAINTIFFS

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July 2, 2012

ONCE AGAIN SOUTHERN UTAH ATTORNEY WINS FEDERAL COURT VICTORY IN FORECLOSURE PROCEEDING

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January 20, 2012

SOUTHERN UTAH ATTORNEY WINS FEDERAL COURT VICTORY IN FORECLOSURE PROCEEDING

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March 22, 2010

NEW LAW FIRM OPENS DOORS IN HURRICANE

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August 2014

SOUTHERN UTAH ATTORNEY BENJAMIN RUESCH ADMITTED TO ARIZONA STATE BAR

HURRICANE, UT – The Supreme Court of Arizona notified the State Bar of Arizona that Benjamin Ruesch is eligible to practice law in the state of Arizona. Ruesch, a Hurricane attorney and partner at Sanders, Ruesch & Reeve, continues his full practice in Hurricane as he expands to Arizona to provide his outstanding service.

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July 2014

SOUTHERN UTAH ATTORNEY WINS FRAUD, IDENTITY THEFT AND NEGLIGENCE CASE FOR PLAINTIFFS

HURRICANE UT-Hurricane attorney Nathan C. Reeve has successfully represented two Plaintiffs in District Court. Reeve argued Plaintiffs had entered into business agreements with Defendant under false circumstances. Defendant did not disclose to Plaintiffs the material fact of his outstanding Order from the Federal Trade Commission before entering into contracts with Plaintiffs.

Under the contract Plaintiff “would have been entitled to 40% of the net receipts” of $350,000 in net receipts which were not paid Plaintiff. Defendant also wrongfully took $47,500 for his own personal use of which the Court deemed $19,000 was due Plaintiff. Breach of contract resulted from Defendants knowing and intentional disregard of Plaintiffs’ rights. The Honorable John Paul Kennedy, judge in the Fifth Judicial District Court stated Defendant’s behavior was “shocking to the Court.”

Defendant unjustly benefited from the unauthorized use of Plaintiffs credit profile for merchant accounts and diverted $51,000 in profits to his private accounts. In addition to compensation of this amount punitive damages of $75,000 were calculated as reasonable and just and awarded to Plaintiff.

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July 2014

SOUTHERN UTAH ATTORNEY WINS DISTRICT COURT VICTORY FOR HARLEY DAVIDSON OWNER

HURRICANE, UT – Hurricane attorney, Benjamin Ruesch, won a victory in District Court in favor of a local Harley Davidson owner whose motorcycle had been sold without his permission.

The case began as a simple dispute over repair work performed by Defendant on Plaintiff’s Harley Davidson. In January, 2012 Plaintiff hired Defendant paying the agreed upon fee for the repairs. Defendant subsequently demanded more money before relinquishing the repaired motorcycle to Plaintiff. The Plaintiff believed he was being overcharged. In answer to a complaint filed in January 2013 Defendant stated “As for control of the bike, you’re right I will hold on to it till the bill is paid in full…Pay the bill and it won’t be sold.” The Defendant did not “hold on” to the bike but sold it.

Ruesch acting as counsel for Plaintiff successfully argued against Defendant, who chose to have no counsel. The Honorable Jeffrey Wilcox heard the arguments between Plaintiff and Defendant.  Ruesch effectively outlined the facts supporting damages for the Plaintiff.

The court concluded the Defendants “actions were willful and seriously interfered with (Plaintiff’s) title and ownership rights in the Harley and were done without lawful justification”. Actual damages in the amount of $15,000 and punitive damages in the amount of $3,000 were awarded Plaintiff.

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July 2014

SOUTHERN UTAH ATTORNEY WINS FRAUD, IDENTITY THEFT AND NEGLIGENCE CASE FOR PLAINTIFFS

HURRICANE UT-Hurricane attorney Nathan C. Reeve has successfully represented two Plaintiffs in District Court. Reeve argued Plaintiffs had entered into business agreements with Defendant under false circumstances. Defendant did not disclose to Plaintiffs the material fact of his outstanding Order from the Federal Trade Commission before entering into contracts with Plaintiffs.

Under the contract Plaintiff “would have been entitled to 40% of the net receipts” of $350,000 in net receipts which were not paid Plaintiff. Defendant also wrongfully took $47,500 for his own personal use of which the Court deemed $19,000 was due Plaintiff. Breach of contract resulted from Defendants knowing and intentional disregard of Plaintiffs’ rights. The Honorable John Paul Kennedy, judge in the Fifth Judicial District Court stated Defendant’s behavior was “shocking to the Court.”

Defendant unjustly benefited from the unauthorized use of Plaintiffs credit profile for merchant accounts and diverted $51,000 in profits to his private accounts. In addition to compensation of this amount punitive damages of $75,000 were calculated as reasonable and just and awarded to Plaintiff.

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July 2, 2012

ONCE AGAIN SOUTHERN UTAH ATTORNEY WINS FEDERAL COURT VICTORY IN FORECLOSURE PROCEEDING

HURRICANE, UT – Hurricane attorney, Benjamin Ruesch, won a victory in Federal Court in favor of a local Washington County family facing foreclosure of their home.

This motion effectively provides additional time for homeowners facing bankruptcy to remain in their home. It also provides the family leverage with the bank if they want to keep their home through a loan modification, which can be worked out in the bankruptcy process.

The Honorable William T. Thurman, U.S. Bankruptcy Chief Judge heard the arguments between counsel for The Bank of New York Mellon and Benjamin Ruesch, Esq. representing the Washington County family. Ruesch effectively argued all pertinent documents, including a properly negotiated promissory note must be in evidence before the foreclosure process could begin.

The judge required that the bank produce an original promissory note within 20 days in order to proceed with the foreclosure. They were not able to do so thus allowing the family more time to determine their course of action.

Other federal judges in Utah have routinely dismissed such arguments against some banks’role in foreclosures. This is the second major bankruptcy court victory for attorney Benjamin Ruesch protecting the rights of local families.

If you would like more information about this topic please visit www.SRRlegal.com or call 435.635.7737.

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January 20, 2012

SOUTHERN UTAH ATTORNEY WINS FEDERAL COURT VICTORY IN FORECLOSURE PROCEEDING

HURRICANE, UT – In a rare ruling Hurricane attorney, Benjamin Ruesch, has partially won a victory in Federal Court in favor of a southern Utah couple facing foreclosure of their home.

Senior U.S. Judge Bruce Jenkins ordered the preliminary injunction against Bank of America and its subsidiary ReconTrust Company to remain in full force and effect until modified by the Court. He enjoined the defendants from conducting any foreclosure proceedings. The Judge questioned whether a federal law governing national banks pre-empted state law which states only a Utah attorney or Title Company can foreclose on a home.

The judge required that ReconTrust produce an original promissory note in order to proceed with the foreclosure saying, "ReconTrust...are enjoined by this court to take no further action until further order of this court."

Other federal judges in Utah have routinely dismissed such arguments against ReconTrust’s role in foreclosures. ReconTrust has halted filing initial foreclosure notices.

If you would like more information about this topic please visit www.SRRlegal.com or call 435.635.7737.

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March 22, 2010

NEW LAW FIRM OPENS DOORS IN HURRICANE
Awareness of Experienced Legal Counsel

HURRICANE, UT – Hurricane based Attorney, Roger J. Sanders, of Roger J. Sanders, PC, has partnered with fellow Attorney, Benjamin Ruesch, of Ruesch Law Firm, PC, to form the Law Offices of Sanders & Ruesch, PLLC. Their new office is located at 1015 West 100 North, Ste. 1, Hurricane, UT.

Roger Sanders has practiced law across Utah for over 30 years. He has served as counsel to public and private irrigation and water companies. He has also served as Trustee and President for various non-profit entities across the state.

Benjamin Ruesch, who grew up in Hurricane and graduated from Hurricane High School believes the area could use additional legal resources. “Hurricane Valley already has quality attorneys to consult here locally. But I think the area is underserved due to the growth that has occurred over the past 10 years, and more quality attorneys are needed for consultation. Instead of driving into St. George to do this, people can just drive a few minutes to obtain quality legal representation here in town.”

Roger Sanders announced, “The new firm will continue to emphasize its practice in Utah Water Law and Real Estate, as well as service clients with legal needs involving transactional or regulatory assistance.” The firm will also continue to serve all of Southern Utah.

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