OIL/GAS LEASE: Plaintiffs seeking to cancel for insufficient production required to follow 90-day notice requirement of lease which takes precedence over statute… dismissed without prejudice… Oldenburg. [Read more…]
Archives for 2013
Defense verdict, discharge, dental assistant
VERDICT: Defense, wrongful discharge, dental assistant. [Read more…]
Consent decree, jail outdoor recreation, $34,595 fees
CONSENT DECREE adopting outdoor recreation agreement for Missoula Co. inmates… $34,594.87 fees/costs to Plaintiffs. [Read more…]
Settlements
Plan I
Sue Herriot, low back, 2/11, $17,500, Leslae Dalpiaz [Read more…]
Negligence, MVA, proven pain & suffering, verdict
NEGLIGENCE: MVA Plaintiff entitled to some damages for proven pain & suffering (jury awarded 0), not to new trial on past & future meds (jury awarded $872 of $4,312 requested) or future pain & suffering/ course of life (jury awarded 0)… Defendant properly [Read more…]
Insurance, bad faith “claimant” v. 3rd-party filer
INSURANCE: Plaintiff was a “claimant” per 33-18-201(4) & 242 even though the claim was filed by the other driver, insurer not excused from reasonable investigation by paying UM/UIM 3 years after MVA, reasonableness to be determined at trial… whether [Read more…]
Easement, constructive notice of recordings
EASEMENT: Purchaser is on constructive notice of recorded servitudes & encumbrances granted by existing & prior owners (adopting broad chain-of-title concept), summary judgment improperly granted to Plaintiffs who failed to discover 100 [Read more…]
Easement, adverse use, FS ownership
EASEMENT: Adverse use of property cannot run while federal government owns it, did not begin until FS conveyed title to private entity, no adverse use during period of license agreement, agreement improperly invalidated based on purportedly false [Read more…]
Easement, scope of recreation/residential
EASEMENT: Scope of recreation/residential use inadequately defined on remand… Boucher reversed. [Read more…]
Right to know, City employees, Internet porn
RIGHT TO KNOW: City employees had expectation of privacy that public willing to find reasonable as to their identities in investigation/discipline for use of computers to access [Read more…]
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