SECURITIES FRAUD: Claims are derivative, require pre-suit demand under Montana or Delaware law… demand a substantive right under Delaware law, complaint dismissed without prejudice to refiling that meets futility requirement or after pre-suit demand… CPA claim [Read more…]
Archives for May 2009
Petroleum release, statute of limitations
PETROLEUM RELEASE: All but 1 leak reimbursement claim barred by 8-year statute… McCarter. [Read more…]
Judgment, employee van service MVA, indemnity
BENCH JUDGMENT: Employee van service to indemnity RR $95,668 medical expenses paid by Wellness Program to employee injured in rollover, plus $62,292 fees/costs in defense against employee’s claims but not fees/costs in establishing right to indemnification… employee settled for total of $355,668… Watters. [Read more…]
$25,000 verdict, UTPA, malice, punitives reserved
VERDICT: $25,000, malice, UTPA, medicals claims handling… punitives amount to be determined in later trial following discovery into statutory bases for punitives. [Read more…]
Settlements
Plan I
Diane Trankel, hand, 6/07, total, $39,000, Jay Dufrechou [Read more…]
Medical malpractice, statute of limitations
MEDICAL MALPRACTICE claim untimely regardless of tolling by incomplete MMLP claim, out-of-state absence of doctor… Neill affirmed. [Read more…]
Negligence, new school blinding trial, new evidence
NEGLIGENCE: New trial following defense verdict on gym student blinding warranted by new evidence as to teacher’s whereabouts… hearsay attorney affidavit admissible as trustworthy statement of court officer… fees/costs properly denied for defense counsel’s alleged [Read more…]
Work comp, domiciliary benefits, retroactivity/rate
WORK COMP: Claimant entitled to domiciliary benefits from doctor’s 2/07 letter, not from 1984 brain injury, severity insufficient to put insurer on constructive notice of need for domiciliary… Shea affirmed. [Read more…]
Business sale, concrete “non-compete” area
BUSINESS SALE: Parol evidence properly rejected in construing whether concrete business sale agreement prohibited business by seller in “non-compete area” or required seller to provide customer list… Customer Letter not executed oral agreement or separate agreement not to [Read more…]
Commercial lease, “bar or tavern” prohibition
COMMERCIAL LEASE: Casino that serves alcohol qualifies as prohibited “bar or tavern” under lease… no extraordinary circumstances for applying laches… summary judgment properly granted Plaintiff without hearing… attorney fees/costs on appeal in addition to fees below… McLean affirmed. [Read more…]
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