Belief that courthouse annex conditions exacerbated COPD resulting in OD not supported by medical evidence… Shea. [Read more…]
Archives for 2013
Settlements
Plan I
Joseph Vosen, multiple, 10/08, 5/09, 5/10, 10/10, $210,000 plus $64,795 MSA ($37,429 seed), stipulated judgment; Thomas Murphy for Vosen, Kelly Wills for MCCF [Read more…]
Indemnity/contribution, airplane death settlements
INDEMNITY/CONTRIBUTION: Airplane insurers who settled Montana crash death claims to which US was not a party do not have right to contribution against US (traffic controllers)… certified questions answered for Utah Federal Court. [Read more…]
Work comp fraud, suit by acquitted Claimant
WORK COMP FRAUD: Insurance code not applicable to MSF vis-à-vis suit by claimant acquitted of fraud… reasonable basis in law to terminate benefits after learning claimant received wages, proper decision for judge, not jury, fraud acquittal irrelevant to [Read more…]
Zoning/sanctions/vexatious litigant
ZONING/VEXATIOUS LITIGANT: Zoning challenge properly rejected… Plaintiff properly held to be vexatious litigant, precluded from pro se filings against governments without [Read more…]
Dismissal, failure to attend own deposition
DISMISSAL of WDA/FMLA case with prejudice with fees/costs proper for failure to attend Plaintiff’s deposition… claim that attorney allowed to withdraw without opportunity for Plaintiff to respond not preserved for appeal… Seeley affirmed (IOR I-3(d)). [Read more…]
Property, intestate succession v. adverse possession
PROPERTY: Estate’s claim of outright ownership of farm by adverse possession rejected, farm properly divided into 72nds representing intestate share that passed from ancestor since 1927… Curtis affirmed (IOR I-3(d)). [Read more…]
Marital, Flathead Lake property distribution, Funk
MARITAL: Flathead Lake property distribution on remand from Funk plus $59,612 fees affirmed… Christopher affirmed (IOR I-3(d)). [Read more…]
Discovery, sanctions against lender liability bank
DISCOVERY: Fees/costs/expenses against bank in $22 million lender liability case for discovery abuses including attempting to usurp Court’s authority as to what is relevant, default on liability too severe… Krueger. [Read more…]
Insurance, med-pay, medicals not incurred
INSURANCE: Auto insurer not obligated to pay insured under med-pay amounts for medicals paid by BCBS as insured did not “incur” those expenses… Macek. [Read more…]
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