TITLE INSURANCE: Endorsement correctly found to cover losses if future development not accessible via specified roads in existing subdivisions… Huss affirmed. [Read more…]
Archives for July 2014
Property, lis, successor trust, contract
PROPERTY: Individual properly dismissed from Yellowstone Mountain Club litigation for lack of personal interest in property, title to lots correctly held to be knowingly taken subject to lis, successor trust not judicially estopped from asserting claims [Read more…]
Treatment court, confidential drug test
TREATMENT COURT: Confidential drug test information elicited by honesty admonitions improperly disclosed to law enforcement to investigate a new offense (1st impression)… possession conviction reversed, vacated… Townsend reversed. [Read more…]
Justifiable force, known violence of deceased
JUSTIFIABLE FORCE: Defendant may not offer interview statement made 4 months after shooting to prove that at time of shooting he knew of instances of violence by deceased as told to him by woman deceased had allegedly abused… no hearsay exception… supervisory control reversing Olson… opinion & order. [Read more…]
$500,000 verdict, FELA, scaffold fall, back
VERDICT: $500,000, FELA, scaffold fall, back. [Read more…]
$410,000 verdict, bridge easement interference
VERDICT: $410,000, tortious interference with public easement over bridge, public nuisance… trial following Supreme Court ruling that public prescriptive easement not limited to bridge destroyed by wildfire, includes replacement bridge in place at time of prior MSC decision which became law of case. [Read more…]
Defense verdict, parking lot pothole slip/fall
VERDICT: Defense, slip & fall, parking lot pothole.
A Missoula jury found 12-0 that Shopko was not negligent in connection with a slip & fall by Paula Oertli. [Read more…]
Bus software contract, $28,409,512 verdict
BUS SOFTWARE CONTRACT: $28,409,512 verdict improperly reduced by $9,439,756 consequential damages as precluded by contract and $70,000 lost perpetual license fees as duplicative of award for lost license fees, original award reinstated in full, [Read more…]
Settlements
Plan I
Helen Lansing, multiple, 7/11, $50,000, William Joyce
Daniel Grove, low back, 3/10, $31,000, Matthew Murphy [Read more…]
School teacher, highest score, not hired
SCHOOL TEACHER: Board did not violate CBA in hiring outside applicant for vacancy over non-renewed teacher with higher interview score… Herman Torosian. [Read more…]