CONTRACT: Claims that sculptor was deceived into accepting flat fees rather than royalties for horse figurine masters time-barred, not tolled by discovery, fraudulent concealment doctrines… bailment claim dismissed for failure to state claim… Christensen. [Read more…]
Archives for February 2015
Settlements
Plan II
John Bear, finger(s), 7/12, medical provisional, $75,000, Alex Evans [Read more…]
Indemnification/failure to prosecute
INDEMNIFICATION/FAILURE TO PROSECUTE: Paving contractor entitled to indemnity from subcontractor for damage to vehicles from primer which emulsified in rain, negligence/foreseeability not required… State’s case against insurer improperly dismissed for failure to prosecute for 17 months… Harkin/Townsend reversed. [Read more…]
Negligence, MVA intersection defense verdict
NEGLIGENCE: In limine, directed verdict, new trial rulings in left-turn intersection MVA defense verdict affirmed… Pinski affirmed (IOR I-3(d)). [Read more…]
Medicaid, gastric bypass
MEDICAID: Exclusion from Montana Medicaid of gastric bypass not unreasonable or contrary to federal law… DPHHS/BPA/Menahan affirmed. [Read more…]
Speedy trial, conviction to sentencing
SPEEDY TRIAL: Constitutional right does not extend from conviction to sentencing, Mooney contrary holding overruled, although Defendant has due process right to be sentenced without unreasonable delay as well as statutory right (not asserted here) (1st impression)… 14 months delay from guilty plea to sentencing for bail jumping unacceptable but any prejudice speculative and not substantial… Krueger affirmed (other grounds). [Read more…]
Product liability, Remington rifle, statute
PRODUCT LIABILITY: 3-year tort statute not tolled by discovery/fraudulent concealment to prevent dismissal of Remington rifle accidental discharge claims… Cebull affirmed (unpublished). [Read more…]
Insurance, notice to “policy insured”
INSURANCE: Letter from Ch. 7 counsel notifying insurer of proof of claim was not sent by a “policy insured,” insurer has no duty to defend…. Haddon affirmed (other grounds) (unpublished). [Read more…]
Felon in possession/robbery/brandishing
FELON IN POSSESSION/ROBBERY/BRANDISHING convictions affirmed… Christensen affirmed (unpublished). [Read more…]
Skier responsibility, snow-obscured rock
SKIER RESPONSIBILITY: Skier who hit obscured rock in low snow conditions required to accept responsibility for injuries resulting from inherent dangers & risks… summary judgment for resort after previous denial of motion to dismiss… Christensen. [Read more…]