INSURANCE: Coverage by MMIA/GEM of $3 million verdict to developer for lost industrial park opportunity due to City’s wrongful takeover of property excluded as “financial gain” to which City not legally entitled… Seeley. [Read more…]
Archives for May 2012
$2.3 million verdict, defaulted museum donation
VERDICT: $2.3 million, failure of upscale housing developer to pay endowment for using Museum of Rockies and dinosaur expert in marketing materials. [Read more…]
Defense verdict, discharge, MSP caseworker
VERDICT: Defense, wrongful discharge, MSP case manager. [Read more…]
Insurance/attorney practice, Local Rules violations
INSURANCE/ATTORNEY PRACTICE: Lynch’s recommendations of rejection of contract/bad faith claims addressed and adopted on the merits, but granted alternatively because of repeated violations of Local Rules… [Read more…]
Jury, waiver by failure to appear at conference
JURY: Failure of DUI Defendant and lawyer to appear at pretrial conference (miscalendared by lawyer) despite multiple warnings in multiple continuance orders waived right to jury… Herman/Baugh affirmed. [Read more…]
Plea withdrawal, guilty plea intimidation
PLEA WITHDRAWAL: Failure to establish that lawyer was ineffective in, inter alia, allegedly intimidating Defendant into guilty plea to sex abuse of children is also failure to present good cause to withdraw plea… postconviction relief properly denied… Cybulski affirmed. [Read more…]
Plea withdrawal, untimely fine challenge
PLEA WITHDRAWAL as to fine properly denied after being raised a year after sentencing hearing when DOC garnished gift to pay part of fine, Defendant voluntarily pled guilty in agreement which was silent as to fine… Todd affirmed. [Read more…]
Jurisdiction/arbitration, payday loan website
JURISDICTION/ARBITRATION: Personal jurisdiction exercised over payday loan website entity with specific Montana page, not over separate entity… arbitration clause contract of adhesion, “I agree” click not waiver of jury, AT&T Mobile/Kortum-Monaghan tension resolved in [Read more…]
Defense verdict, hospital employee pedestrian/auto
VERDICT: Defense ($55,000 damages, 90/10 negligence), off-duty hospital employee hit while crossing street to employee parking lot, facial laceration, road rash, broken zygoma, rib fracture, compression [Read more…]
$36 million settlement, rail yard contamination
SETTLEMENT: $36 million including $16 million for remediation trust, Livingston rail yard contamination, mid-trial settlement. [Read more…]