Montana Law Week

The Weekly Digest of Montana Law

Archives for July 2018

Payroll software, licensing agreement, tort/contract

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PAYROLL SOFTWARE dispute properly resolved on summary judgment in favor of Defendant as to licensing agreement and in favor of Plaintiff on tort and contract counterclaims. . . Defendant’s 2nd motion to compel discovery properly denied as futile despite Plaintiff’s initial non-descriptive boilerplate and incomplete responses. . . no abuse of discretion in denying fees to Defendant based on contract or §27-8-313. . . Gustafson affirmed. [Read more…]

Endangered species, irrigation dam bypass v. removal

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ENDANGERED SPECIES: Challenges to irrigation dam bypass (as opposed to dam removal and installation of large pumps) to accommodate pallid sturgeon rejected on summary judgment on remand from 9th Circuit reversal of preliminary injunction. . . Morris. [Read more…]

Settlements

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Plan II

Randy Flikkema, leg, 1/15, alleged PT disability/permanent aggravation of kidney condition by leg injury, which Liberty disputed per Dr. Schwimmer, $456,481 new money ($25,779 MSA) for indemnity benefits and to settle potential death claim of wife Myla, full resolution of all issues & benefits, stipulated judgment; Thomas Murphy & Matthew Murphy for Flikkema, Leo Ward for Liberty Northwest Ins. [Read more…]

Podiatrist malpractice, defense verdict

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PODIATRIST MALPRACTICE: Any error in not instructing on loss of chance was harmless as jury found no negligence, did not consider causation. . . no abuse of discretion in prohibiting Plaintiffs from asking treating physician if Defendant breached standard or by limiting impeachment on redirect (offer of proof following verdict is too late). . . new trial properly denied based on Defense counsel’s alleged misconduct including inappropriate sarcasm. . . defense verdict affirmed. . . Krueger affirmed. [Read more…]

County road, claim preclusion, writ of review

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COUNTY ROAD: Landowners failed to satisfy claim preclusion vis-à-vis 1984 denial of County’s request for order directing removal of gate by previous landowners. . . request for declaratory judgment as to where County road ends and private road begins properly rejected for failure to petition for writ of review upon Commissioners’ denial of petition. . . Langton affirmed (other grounds). [Read more…]