CLASS ACTION: Auto medical exclusion settlement properly approved following 2nd fairness hearing over claims of, inter alia, collusion as allegedly indicated by $600,000 flat fee for class counsel on submitted claims and 30% contingency on unsubmitted claims… Newman affirmed. [Read more…]
Archives for May 2016
Res judicata, denturists v. dentists
RES JUDICATA: 2 claims by new litigant in denturists/dentists dispute barred by claim and/or issue preclusion because privity exists… new disciplinary discrimination claim not barred… Seeley affirmed, reversed. [Read more…]
Dental fraud/deceit, root canal advice
DENTAL FRAUD/DECEIT claims based on advice that tooth was dead, which Plaintiff did not believe, and recommendation for root canal, which Plaintiff did not take, properly rejected… Ulbricht affirmed (IOR I-3(d)). [Read more…]
Justice Court, indigent filing fees waiver
JUSTICE COURT: Denial of indigent waivers of fees remanded for full disclosure so JP can decide based on quantifiable information rather than observation of such things as whether a defendant smokes… order. [Read more…]
Parenting, modification, venue
PARENTING: Mother returning to employer in Shelby with son after 3½ months in Havre insufficient change of circumstances to modify plan, no hearing required… change of venue for proceeding properly denied… Olson affirmed. [Read more…]
Restitution, duplicative of insurance
RESTITUTION: Thief properly ordered to pay restitution duplicative of amount paid by victim’s insurer… Christopher affirmed (IOR I-3(c)). [Read more…]
Plea agreement, placement recommendation
PLEA AGREEMENT as to drug placement not breached by reminding that Judge has ultimate choice of facilities… Ulbricht affirmed (IOR I-3(c)). [Read more…]
Excessive force/Terry stop
EXCESSIVE FORCE/TERRY STOP claims against officer relating to investigation of motorcyclists/motorist confrontation should have been dismissed on summary judgment… Molloy reversed (unpublished). [Read more…]
Indians, Tribal clinic CEO theft
INDIANS: Tribal clinic CEO’s theft convictions/sentencing affirmed… Morris affirmed (unpublished). [Read more…]
Insurance, businessowner’s liability, proprietary
INSURANCE: No Businessowners’ Liability coverage for dispute between marketing/advertising entities… no obligation to provide independent counsel to individual Defendant… Christensen. [Read more…]
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