LIMITATION OF LIABILITY to $50,000 in construction contract where design fees were initially $122,967 and ended up $665,000 not violative of §28-2-702 or public policy… Moses affirmed. [Read more…]
Archives for September 2017
Trucking company dispute, $1,890,000 verdict
TRUCKING COMPANY DISPUTE: $1,890,000 verdict for Defendant/Counterclaimant affirmed… Larson affirmed (IOR 3(c)). [Read more…]
Appellate mediation, opt out for inability to afford
APPELLATE MEDIATION: Request to opt out because unable to afford mediator denied… order. [Read more…]
Traffic “stop,” masturbating driver
TRAFFIC “STOP”: Officers had no reasonable particularized suspicion that driver of pickup parked at midnight in secluded area of open storage facility found masturbating with female companion observing had committed or was about to commit a crime, paraphernalia unlawfully seized… Wilson/Curtis reversed. [Read more…]
DUI, restaurant employees’ 911 observations
DUI: Waitress’s 911 observations of drunk while simultaneously relaying co-worker’s observations sufficiently reliable basis for Trooper’s particularized suspicion… Andersen reversed, Townsend affirmed. [Read more…]
Vehicular assault, school bus lawyer/driver
VEHICULAR ASSAULT/ENDANGERMENT: Postconviction claims by attorney bus driver who struck student and failed to remain at scene affirmed… Gustafson affirmed (IOR I-3(c)). [Read more…]
$146,000 verdict, abuse of process, airplane sale
VERDICT: $146,000, abuse of process stemming from aborted airplane sale agreement. [Read more…]
$18,449 verdict, Cadillac property damage
VERDICT: $18,449, property damage, loss of use, storage, towing, labor for classic 1998 Cadillac Eldorado, admitted liability. [Read more…]
Settlements
Plan I
Blaine Kurtz, 7/15, Stillwater Co., disputes as to relationship of current condition to accepted condition, $85,000 for all claims, stipulated judgment; Lucas Wallace for Kurtz, William Blackaby for MACOWCT [Read more…]
Personal jurisdiction, ND oil well death
JURISDICTION: Hearing required to determine if Oklahoma corporation subject to Montana personal jurisdiction in suit stemming from ND oil well death… Bidegaray reversed. [Read more…]
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