DENTAL INVENTIONS: Texas dental hygienist’s claims against Missoula Defendants for exploiting her orthodontic flossing and toothbrush inventions survive as to fraud and deceit over statute of limitations defenses, dismissed as to interference with contract and business relations for failure to state claim… Halligan. [Read more…]
Archives for 2017
Attorney fees/costs, Texas dental case dismissal
ATTORNEY FEES/COSTS: Defendants’ Rule 41(d) motion for fees & costs for dental inventor’s Texas action which was dismissed for forum non conveniens prior to filing Montana suit dismissed as lacking legal merit… parties cautioned to carefully examine law and facts in their presentations… Halligan. [Read more…]
Insurance agent termination, non-compete covenant
INSURANCE AGENT TERMINATION: Contract-based damages limited to 10-day notice period… deferred compensation forfeiture-for-competition clause an unreasonable restraint of trade, briefing ordered on amount to be awarded… jury questions as to enforceability of non-compete covenant and whether employer breached agreement or otherwise acted in bad faith… Menahan. [Read more…]
Defense verdict, med-mal, pulmonary embolism
VERDICT: Defense, medical malpractice, pulmonary embolism from failure to prescribe anti-coagulant after spine surgery. [Read more…]
Insurance, Montana v. Kansas law
INSURANCE: Montana law to be applied to Kansas policy pursuant to choice of law provision and occurrence of MVA in Montana… Morris. [Read more…]
Grain dust lung claim, lifting hernias claim
Fact issues preclude summary dismissal of grain dust lung claim and lifting hernias claim… Sandler. [Read more…]
Settlements
Plan I
Shannon Schneider, multiple, Broadwater Co., MACWCT accepted 1/16 injury, paid benefits, refused 1/17 claim, liability denied under both claims for any head injury or neurological condition, $55,000 for all claims, stipulated judgment; Charla Tadlock for Schneider, William Blackaby for MACWCT [Read more…]
Insurance, Ridley dec action summary judgment
INSURANCE: Summary judgment improper on Ridley declaratory action where IME doctors’ affidavits provide reasonable debate as to causation and damages… unsworn affidavits improperly rejected… fees/costs award also reversed… Haynes reversed. [Read more…]
Med-mal, summary judgment statute of limitations
MEDICAL MALPRACTICE: Summary judgment on statute of limitations precluded by fact issues as to when Plaintiff was aware of sufficient facts to believe that she was injured by orthopedist’s alleged actions during knee surgery…. Ulbricht reversed. [Read more…]
Restaurant lease, anticipatory breach
RESTAURANT LEASE: Lessor anticipatorily breached by imposing impossible new terms as to noise & odors and by giving default notice prior to end of lease term… restaurant did not breach as it attempted to alleviate residential tenants’ complaints… $88,567.25 damages, $43,409.25 attorney fees… J. Brown affirmed. [Read more…]
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