BENCH JUDGMENT: No “incidental obligation” by employer to provide financial disclosure to UEF, UEF waived right to send indemnity claim to collection based on late payments because it accepted late payments… $198,749 consequential damages [Read more…]
Archives for November 2012
$1,594,282 default judgment, developer loans
DEFAULT JUDGMENT on $1,594,282 loans properly not set aside where sophisticated developer who ignored summons claims he “assumed” his attorney was handling the matter… Christopher affirmed. [Read more…]
Prescriptive easement, ranch road
PRESCRIPTIVE EASEMENT: Summary judgment properly granted on easement between ranch properties, included residential and recreational uses secondary to trailing cattle but remanded for limitation to historical uses and for requirement to use best [Read more…]
Procedure, confusing complaint, dismissal
PROCEDURE: Confusing pro se complaint against homeowner association improperly dismissed for failure to state claim, alternative motion for more definite statement should have been granted… Cybulski reversed (IOR I-3(d)). [Read more…]
Execution, untimely sheriff’s sale
EXECUTION: Untimely sale due to Sheriff being unable to conduct it earlier, Defendant not prejudiced, enlargement of time to conduct sale properly granted… Lympus affirmed (IOR I-3(d)). [Read more…]
Marital, custody, maintenance
MARITAL: Wife properly awarded custody, lifetime maintenance… Wheelis affirmed (IOR I-3(d)(v)). [Read more…]
Marital, property valuation
MARITAL: Property properly valued at time of separation when wife left home and parties thereafter had separate finances, other findings also affirmed, but remanded for clarification that debt to be divided as of separation… Spaulding affirmed (IOR I-3(d)(v)). [Read more…]
DUI, Idaho DUIs, felony enhancement
DUI: Idaho’s statute similar enough to Montana’s to allow enhancement of Montana DUI… Tucker affirmed. [Read more…]
Insurance, UTPA/common law bad faith, MVA
INSURANCE: UTPA/common law bad-faith claims against auto insurers time-barred… Molloy. [Read more…]
$28,409,512 verdict, bus routing software breaches
VERDICT: $28,409,512, bus routing software breaches.
A Missoula jury awarded Education Logistics of Missoula and affiliate [Read more…]
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