JURISDICTION/CHOICE OF LAWS: Ohio law governs employment claim, but Montana could still have jurisdiction… whether Ohio is more convenient requires further consideration… Sandefur affirmed, reversed. [Read more…]
Archives for 2015
Debt collection, % v. quantum meruit, $54,613.50
DEBT COLLECTION: Collection agency’s PowerPoint presentation properly utilized as extrinsic evidence to explain ambiguous fee agreement with bank… $54,613.50 properly awarded quantum meruit over claimed $300,000 in percentage fees… Tucker affirmed (IOR I-3(d)). [Read more…]
Online travel companies, taxes
ONLINE TRAVEL COMPANIES not obligated to collect & remit taxes on OTC fees under the Lodging Facility Use Tax, are required to do so under the Sales Tax on accommodations, campgrounds, rental vehicles… decision applied retroactively to when DOR sued… Seeley affirmed, reversed. [Read more…]
Marital, parenting, mother moved to Nevada
MARITAL: Parenting plan with mother who moved to Nevada affirmed… Gilbert affirmed. [Read more…]
Right to remain silent, affidavit testimony
RIGHT TO REMAIN SILENT: Defendant who submitted affidavit challenging prior DUI properly subjected to cross (1st impression)… Huss affirmed. [Read more…]
Product liability, Mazda seat belt
PRODUCT LIABILITY: Pre-trial rulings on experts & defenses in Mazda Protegé automatic shoulder belt/ manual lap belt case with small-stature passenger suffering abdominal injuries in near head-on… Christensen. [Read more…]
Interim benefits, disputed physiatric IME
ERD had jurisdiction to award interim benefits pending resolution of dispute as to videotaping of psychiatric IME… Claimant met all factors justifying entitlement to benefits… Sandler. [Read more…]
Settlements
Plan I
James Judkins, lungs, 1/92, disputed, $103,574, Laurie Wallace [Read more…]
FELA, cumulative trauma, defense verdict
FELA: Jury improperly instructed on statute of limitations in cumulative trauma case (when injury was discovered correctly held to be fact question for jury)… disparagement of case on cross and in closing as get-rich scheme by unscrupulous attorneys, dishonest co-workers, mercenary doctors requires new trial following defense verdict… Neill reversed, affirmed. [Read more…]
Insurance, bicycle crash, parents’ corporate policy
INSURANCE: Student injured in bicycle crash not covered by UIM/MP in parents’ corporate policy… Ulbricht affirmed. [Read more…]
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