The Weekly Digest of Montana Law
By lilly
Plan II
Wanda Breeding, internal organs, 1/91, disputed nature & extent of widow’s benefits claimed by Estate of Wanda Breeding, $40,761, stipulated judgment; Laurie Wallace, Jon Heberling, and Ethan Welder for PR Dan Neff, Todd Hammer for Transportation Ins. [Read more…]
By lilly
LENDING BREACH/TITLE INSURANCE: Breach of contract/negligence claims for converting 30-year residential loan to 18-month “consumer bridge” on residential condo in commercial zone without knowledge of borrower properly [Read more…]
By lilly
LENDING BREACH: Claims relating to rate increase on permanent house loan for failure to timely pay construction loan properly rejected on summary judgment despite other disputed facts… Lympus affirmed (IOR I-3(d)). [Read more…]
By lilly
BANKING: Claims relating to credit reputation preempted by FCRA… claim of conversion of $449.40 escrow balance properly rejected on basis that Plaintiff did not pursue funds before suing and bank then returned funds, no evidence of [Read more…]
By lilly
WRONGFUL DISCHARGE: Court lost jurisdiction over and properly dismissed spoliation/declaratory claims once Plaintiff agreed to arbitrate WDA claim, but similarly had no jurisdiction to rule that 39-2-914(5) does not violate jury, equal [Read more…]
By lilly
WATER: Amendment of appropriation notice based on claim that wrong section was listed in 1896 properly denied… Lambert/Loble affirmed. [Read more…]
By lilly
WATER: Injunction improperly granted on grounds not requested by water users… irrigation districts not statutorily required to conduct vote or seek court approval before entering into water use agreement with Tribes and US… McNeil reversed. [Read more…]
By lilly
NEGLIGENT HOMICIDE: Photos of dead firefighter in vehicle that was struck by jackknifing semi at accident scene properly admitted to show severity of impact and manner of collision… Deschamps affirmed. [Read more…]
By lilly
RESTITUTION for assault of wife properly included attempted suicide medicals… Simonton affirmed. [Read more…]
By lilly
PFMA: Jury properly instructed on Defendant’s conduct in relation to “reasonable apprehension,” counsel not ineffective for not objecting… terms & conditions of parole or conditional release improperly imposed… McKeon affirmed, reversed. [Read more…]