SANCTIONS: $515,119.90 attorney fees incurred by insurer awarded against Plaintiff’s attorneys for reckless, frivolous conduct in prosecuting bad faith case stemming from suit against CPA firm for bad TIC investment of ranch sale proceeds… priority of original Plaintiff in $4,650,000 settlement squandered by acceptance of 5 additional clients with higher fee agreements… questionable settlement without participation by insurer… insurer set up for bad faith suit to cover up and justify wrongful distribution of monies in trust… Lovell. [Read more…]
Archives for June 2015
Settlements
Plan I
Bettinna Moos, r. arm/elbow, 12/12, disputed, $150,000, stipulated judgment; Thomas Murphy for Moos, Steve Jennings for MHNWCIT [Read more…]
Conversion, exclusive insurance agency termination
CONVERSION claim by exclusive insurance agency upon termination for fraud viable under contract rather than secured transactions law under Allstate’s alternate universe governing agency relationships… Lympus reversed. [Read more…]
Negligence, MOSHA, independent contractor
NEGLIGENCE: MOSHA not applicable to independent framing contractor injured while helping lift a wall which fell on him… testimony relating to “rules” at construction site properly excluded… dismissed party denied appeal fees/costs for claimed improper joinder to appeal… defense verdict affirmed… J. Brown affirmed. [Read more…]
Child abuse investigation, immunity
CHILD ABUSE INVESTIGATION: Mother failed to establish material fact issue to support claim that child protection employees investigating her were grossly negligent or knowingly provided false information, State entitled to summary judgment on immunity… Reynolds reversed, affirmed. [Read more…]
$618,816 restitution, motorcycle accident victims
RESTITUTION: $618,816.41 properly awarded to motorcycle accident victims… Allison affirmed. [Read more…]
DUI, toxicologist testimony by 2-way video
DUI: Testimony by toxicologist by 2-way video without finding of necessity harmless error in light of other testimony.. Macek affirmed (IOR I-3(d)). [Read more…]
DUI, exculpatory, right to independent blood test
DUI: Exculpatory evidence claim rejected… independent blood test not clearly requested… alleged perjury by officer as to patrol car seat belt policy not material to criminal case, and no evidence of perjury… Moses affirmed (IOR I-3(d)). [Read more…]
Spoliation of video at festival, sanction, DUI crash
SPOLIATION: Sanction for spoliation of video at festival is to instruct that driver of vehicle had been served alcohol by employees resulting in DUI crash… Deschamps. [Read more…]
Municipal water, preliminary condemnation order
MUNICIPAL WATER: Preliminary condemnation order issued allowing Missoula’s condemnation of private water system to proceed… Townsend. [Read more…]
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