MARITAL: Temporary maintenance properly awarded, but valuation of house at time of trial rather than decree 28 months later when it was subject to foreclosure makes it impossible to determine equity of apportionment and equalization… Ortley affirmed, reversed (IOR I-3(c)). [Read more…]
Archives for July 2017
PFMA, end-run equal protection challenge
PFMA: End-run equal-protection challenge of 2008 PFMA plea rejected… Seeley affirmed. [Read more…]
Confessed judgment, $12 million cut to $2,432,010
CONFESSED JUDGMENT: $12 million for refusal to defend overlapping entity in construction dispute reduced to $2,432,010 following remanded reasonableness hearing and finding of unreasonableness and collusion… Eddy. [Read more…]
Subpoena duces tecum, “advice letters” to witnesses
SUBPOENA DUCES TECUM: Fees/costs sanctions imposed on subpoenaed party’s attorney for advising non-party witnesses against disclosing trade secrets… Seeley. [Read more…]
Bankruptcy, free & clear unexpired leases
BANKRUPTCY: Sale of Debtor’s property was free & clear of unexpired leases (adopting 7th Circuit’s harmonizing 363(f) and 365(h))… Haddon affirmed. [Read more…]
Insurance, $5 million umbrella rescission
INSURANCE: $5 million umbrella liability policy rescinded for failure to list Virgin Island home on renewal forms for 2 Montana residences, defeating claim for coverage of swimming pool accident… Christensen. [Read more…]
Settlements
Plan I
Rhonda Hedalen, upper extrems, 4/10, $68,000, med closed, Robert Whelan [Read more…]
Legal malpractice, deficiency judgment, discovery
LEGAL MALPRACTICE: Suit stemming from deficiency judgment properly dismissed for failure to comply with discovery… Ortley affirmed (IOR I-3(c)). [Read more…]
Boundary, old fence, community acceptance
BOUNDARY: Fact issues preclude summary judgment as to whether old fence constituted boundary… hearsay passed down from family not within community acceptance exception… Wheelis reversed. [Read more…]
Easement, driveway runoff, stipulated easement
EASEMENT: Runoff problem from driveway in stipulated easement properly resolved by order to bring into compliance with county regulations without award of money damages… Eddy affirmed (IOR I-3(c)). [Read more…]
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