CLASS CERTIFICATION of 37 health plan members who were denied substance abuse treatment denied under Rule 23(b)(2) for failure to identify ongoing conduct… leave granted to seek certification under 23(b)(3) although commonality may prove fatal on the merits… Morris. [Read more…]
Archives for January 2017
Settlements
Plan I
Gary Reutzel, back, 1/03, City of Cut Bank, disputes as to medical and indemnity entitlement and appropriate medical care, $342,000 new money for all claims, stipulated judgment; Charla Tadlock for Reutzel, Morgan Weber for MMIA [Read more…]
Will, undue influence, lack of capacity, fiduciary
WILL disinheriting son & daughter in favor of new wife properly declared void for undue influence, lack of capacity… fees awarded against PR for breach of fiduciary duty… Larson affirmed (IOR I-3(c)). [Read more…]
Conservatorship, waste/dissipation of assets
CONSERVATORSHIP/PROCEDURE: “Directed verdict” following nonjury trial was judgment on partial findings, not judgment as matter of law… reviewing judgment on partial findings under doctrine of “implied findings,” conservatorship based on waste or dissipation properly rejected… Todd affirmed (IOR I-3(c)). [Read more…]
Rape, ineffective assistance, plea negotiations
RAPE: Lawyer not ineffective in not requesting trial continuance after “late” production of evidence in effort to re-open plea negotiations… Sandefur affirmed (IOR I-3(c)). [Read more…]
DUI, driver in snowbank behind tavern, caretaker
DUI: Officer had particularized suspicion of DUI by the time driver stuck in snowbank behind bar at night declined community caretaker help, subsequent pursuit/investigation lawful, suppression/dismissal properly denied… Townsend affirmed (IOR I-3(c)). [Read more…]
Insurance, family member exclusion, bicyclist death
INSURANCE: Family member exclusion of driver’s auto policy not violative of MVIRVA where driver who killed bicyclist was driving mother’s vehicle and her policy paid limit… insurer not obligated to defend/indemnify driver under his policy in wrongful death suit… Seeley. [Read more…]
Commercial lease, assignment by landlord
COMMERCIAL LEASE does not preclude assignment by landlord or require tenant’s approval for assignment… tenant’s crossclaim for breach of contract due to assignment dismissed, leaving rent default claim by purchaser of property as successor Landlord… J. Brown. [Read more…]
$923.30 verdict, low-speed rear-end MVA
VERDICT: $923.30, low-speed rear-end auto, admitted liability, cervical strain. [Read more…]
Spoliation, employee discharge notes
SPOLIATION: Prejudice from destruction of investigatory notes relating to firing of employee insufficient to warrant default judgment, sufficient for adverse inference instruction… Christensen. [Read more…]