ABUSE OF PROCESS: Motion to dismiss attorney’s ski negligence suit as sanction for alleged abuse of process for attempting to coerce ski resort to provide additional benefits to employees denied but future such “troubling and unprofessional conduct” could warrant sanctions. . . but Plaintiff’s failure to respond to motion to dismiss abuse of process counterclaim constitutes admission to allegations, any recovery on negligence claims must be offset by award from same jury in separate trial on abuse of process counterclaim. . . separate suit against resort and its attorneys alleging abuse of process for filing abuse of process counterclaim dismissed for failure to assert in original suit. . . Morris. [Read more…]
Archives for 2018
Settlements
Plan I
Carrie Tucker, low back, head, knees, left foot nerve, CRPS, 2/14, Sheppard School Dist., disputes entitlement to certain medical and whether she is entitled to any wage loss, $550,000 for all claims, stipulated judgment; Matthew Tourtlotte for Tucker, Morgan Weber for MSGIA [Read more…]
Amendment, new claim of trailer misrepresentation
AMENDMENT to add new misrepresentation against 5th-wheel trailer dealership 2 years after original complaint improperly denied. . . judgment improperly granted to dealership which never moved for summary judgment. . . Boucher reversed. [Read more…]
Electric coop, capital refunds
ELECTRIC COOP: Claims that coop breached “contract” by not refunding capital annually properly dismissed as barred by 8-year statute. . . Eddy affirmed. [Read more…]
Marital, Nevada pre-nup, physician divorce
MARITAL: Nevada pre-nup with Nevada choice of law improperly analyzed under Montana law, but findings support validity under Nevada law. . . estate of Missoula physician and homemaker properly apportioned including dog to husband. . . Halligan affirmed. [Read more…]
Appellate briefs, Appellee/Cross-Appellant overlength
APPELLATE BRIEFS: Request to file 2 “full length” briefs for Appellee/Cross-Appellant rather than combined limit of 10,000 words denied. . . order. [Read more…]
$57,440.94 fees/costs re quashed subpoena requests
$57,440.94 fees & costs granted to CARD Clinic & CARD Foundation in relation to Defendants’ quashed subpoena requests. . . Eddy. [Read more…]
Restitution, deferred sentence revocation/resentencing
RESTITUTION: Elder theft Defendant’s 6 years deferred properly revoked and replaced with new 6 years deferred for failure to make good-faith effort to pay $87,339.50 restitution and fees (paid $3,799 restitution, 0 fees). . . Townsend affirmed. [Read more…]
Jurisdiction/venue, Ford tire “detreading” death
JURISDICTION/VENUE: Ford has requisite “minimal contacts” with Montana for specific personal jurisdiction over tire “detreading” suit stemming from Ford Explorer crash death even though car was initially sold to Washington dealer. . . Cascade (where PR resides) is a proper venue over Defendants’ advocacy of Missoula (Ford’s registered place of business), Mineral (where the wreck occurred), or Sanders (where many of the witnesses live). . . Best. [Read more…]
Disability discrimination, ADA/MHRA v. SSD
DISABILITY DISCRIMINATION: Claimant who represented to SSA that he is disabled and unable to work is not a “qualified individual” vis-à-vis ADA and MHRA. . . Christensen affirmed (memorandum). [Read more…]
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