FORUM NON CONVENIENS: Ohio properly found more convenient for termination claims of controller of Ohio corporation… amendment to replace wrongful discharge and NIED with new claims on remand from Supreme Court ruling properly denied… Kutzman affirmed. [Read more…]
Archives for 2017
Contract, successive action under same contract
CONTRACT: 2nd suit under same contract based on payments in different periods allowed as successive action, not barred by issue preclusion… Tucker affirmed. [Read more…]
Contempt, failure to appear at hearing
CONTEMPT: Attorney properly found in contempt when she moved for continuance day before parental termination hearing… $500 fine, $1,124.76 costs properly imposed… Pinski affirmed. [Read more…]
Attorney discipline, interim suspension set aside
ATTORNEY DISCIPLINE: Interim suspension of child endangerment/DUI attorney set aside… order. [Read more…]
Foreclosure, loan modification denial
FORECLOSURE: Husband’s claims based on loan modification refusals rejected… Menahan. [Read more…]
Sanctions, $515,119.90, “reckless,” “frivolous”
SANCTIONS: Fees incurred by insurer against Montana attorneys for “reckless,” “frivolous” prosecution of bad faith case stemming from suit against CPA firm for bad TIC investment affirmed… sanctions against Portland co-counsel reversed… because $515,119.90 was imposed against all 3, remanded for reassessment of appropriate amount against Montana lawyers… Lovell affirmed, reversed (unpublished). [Read more…]
$37,343.50 verdict, service dog deposit
VERDICT: $37,343.50, housing disability discrimination, charging $1,000 deposit for service animal. [Read more…]
ARD, continued exposure to asbestos
Continued exposure to asbestos satisfied “potentially causal” standard for refinery worker after he became asphalt salesman in office across the street, insurer at risk during time as salesman liable but did not unreasonably deny… Sandler. [Read more…]
Settlements
Plan I
Shane Schaff, skull, 5/09, $120,000, Leslae Dalpiaz
Jody Johnson, low back, 3/12, $80,000, Matthew Murphy [Read more…]
Public duty, officer as sole cause of harm
PUBLIC DUTY: Certified question from 9th Circuit accepted as to whether Montana public duty doctrine shields an officer from negligence liability where he is the sole cause of the plaintiff’s harm… order. [Read more…]
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