RESIDENTIAL CONSTRUCTION: Equitable relief in quantum meruit proper for architectural services despite void oral construction contract… attorney fees improperly awarded for entire case rather than just architectural part of lien, improperly awarded on quantum meruit claim… Gilbert affirmed, reversed. [Read more…]
Archives for August 2016
Insurance, stipulated $29 million reasonableness
INSURANCE: Reasonableness of $29 million stipulated judgment for breach of duty to defend improperly considered solely from perspective of uninsured Defendants, remanded for 2nd hearing and objective consideration of merits of underlying case and value to a prudent uninsured of confessing judgment… ESOP payouts not required to be deducted from $29 million but may be considered in reasonableness of settlement… Plaintiffs will be entitled to postjudgment interest if settlement approved following 2nd hearing, but not to prejudgment interest… Townsend reversed, affirmed. [Read more…]
Water, diversion dispute, preliminary injunction
WATER: Preliminary injunction properly granted in diversion dispute… Haynes affirmed. [Read more…]
False Claims Act, COPP witness services contract
FALSE CLAIMS ACT: No evidence of violation to justify amending to add 2nd COPP expert witness services contract… Menahan affirmed (IOR I-3(c)). [Read more…]
DUI/speedy trial, “unavailable” officer
DUI/SPEEDY TRIAL: “Unavailability” of officer on leave for investigation of off-duty conduct was “good cause” to delay trial 9 days past 6-month deadline, Defendant not denied speedy trial… Defendant not denied fair trial by refusal to let him cross-examine officer as to reason for leave… officer properly allowed to testify as HGN expert… Hernandez/Moses affirmed. [Read more…]
Incest, child’s undisclosed tendency to lie
INCEST: New trial required for failure to disclose records showing evidence of psychosis by 5-year-old, tendency to lie, tumultuous living conditions, reduced meds, prior false accusation… even inadmissible evidence under Rape Shield should be disclosed… Neill reversed. [Read more…]
Rape, single-person voice ID, venue
RAPE: Sufficient totality of evidence to convict serial rapist despite inherently unreliable single-person voice ID, venue change for pre-trial publicity properly denied… convictions affirmed… Fagg affirmed. [Read more…]
Confession v. admission, “I don’t have insurance”
CONFESSION: Statement to Trooper that “I don’t have insurance” was admission, not confession, corroboration not required for charge of driving with no insurance… conviction affirmed… Wilson/Ortley affirmed. [Read more…]
Settlements
Plan I
Shirley Muffitt, 11 claims 3/91-10/15, Rosauers Supermarket, Kalispell, disputed, $105,000 for all claims, stipulated judgment; Michael Bliven for Muffitt, Todd Hammer for Rosauers [Read more…]
Insurance agency termination, $759,740 verdict
INSURANCE AGENCY: $759,740.45 verdict to agent for termination of Agency Appointment for alleged switching affirmed… H. Brown affirmed. [Read more…]
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