Plan I
Donald Harbert, low back, 6/10, $87,500, Leslae Dalpiaz [Read more…]
Archives for September 2012
Disability, alcoholic inmate death
DISABILITY DISCRIMINATION: Failure to provide medications to jail inmate who died from DTs violated 49-2-308(1) and 49-3-205(1)… Spear reversed. [Read more…]
LLC dissolution, summary judgment
LLC DISSOLUTION summary judgment supported by substantial undisputed facts… tort claims precluded by OA arbitration clause… Spaulding affirmed. [Read more…]
UI, misconduct
UI: BLA’s findings that dislike of new boss and sharing misinformation within workplace did not amount to misconduct affirmed, denial of UI by HO properly reversed… BLA/McKinnon affirmed. [Read more…]
Medical malpractice, expert, conflict
MEDICAL MALPRACTICE: CEO of eye center whose staff treated child following treatment by Defendant excluded as Defendant’s expert based on apparent conflict of interest, unfair prejudice, jury confusion… 1st impression in Montana… Newman. [Read more…]
Comp exclusivity, failed truck brakes
COMP EXCLUSIVITY: Summary judgment precluded by fact issues as to whether employer failed to properly maintain/repair/replace truck brakes with actual knowledge that injury to driver was certain… Plaintiff allowed to assert punitives based on alleged malicious/fraudulent conduct… [Read more…]
Title insurance, notification of litigation
TITLE INSURANCE: Undisputed facts show Bank failed to provide proper notification of possible litigation over construction liens or provide sworn statement of losses, but declaratory judgment precluded by disputed extent of prejudice to title company… Watters. [Read more…]
Insurance, BCBS reimbursement rate, alter/amend
INSURANCE: Alter/amend judgment rejecting claim for difference between what 3rd-party insurers were charged for medicals and amount they would have paid pursuant to BCBS reimbursement rate denied for failure [Read more…]
Recreational use, electrical injuries
RECREATIONAL USE: Fishing venture not liable for powerline injuries sustained by anglers who were allowed to access site at no charge… Salvagni. [Read more…]
Defense verdict, insurance bad faith
VERDICT: Defense, insurance bad faith, violation of UTPA and common law but reasonable basis for handling whiplash claim, no fraud. [Read more…]
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