PERSONAL JURISDICTION properly exercised over Ford under “stream of commerce plus” theory as to design defect, failure to warn, negligence claims when fatal rollover from tire failure occurred in Montana but vehicle was not designed, manufactured, or first sold by Ford in Montana… Best affirmed on supervisory control (to “clarify” jurisdiction issue). [Read more…]
Archives for May 2019
Insurance, duty to pay MVA limits to 3rd-party
INSURANCE: Certified question from Molloy accepted as to insurer’s duty to pay policy limits to MVA 3rd-party without release of insured where claimed specials are below policy limits but total damages exceed limits… order. [Read more…]
Water, implied stockwater claims vis-à-vis irrigation
WATER: Court failed to properly apply its implied claims test in rejecting implied stockwater claims vis-à-vis irrigation rights… Ritter reversed (IOR I-3(c)). [Read more…]
Trustee’s sale, legal description scrivener’s error
TRUSTEE’S SALE not lawful because of mutual mistake in legal description due to scrivener’s error cutting parcel in half and clouding neighbor’s title, Trustee and purchaser had authority to foreclose and right to rescind defective deed… Note remains unpaid and enforceable, deed of trust remains subject to judicial foreclosure… Eddy. [Read more…]
$7.4 million stipulated judgment with “ifs,” RR bad faith
STIPULATED JUDGMENT: $7.4 million for railroad worker to resolve bad faith FELA preemption claim, with appeal “ifs”… Bidegaray. [Read more…]
$440,000 stipulated judgment, apartment complex mold
STIPULATED JUDGMENT: $440,000, apartment complex mold. [Read more…]
Dinosaur fossils as “minerals,” certified question
DINOSAUR FOSSILS: Whether fossils constitute “minerals” for purpose of mineral reservation under Montana law certified to Montana Supreme Court… order. [Read more…]
Settlements
Plan I
Pamela Wilson, right wrist, elbows, left index finger, 10/18, custodian, Cayuse Prairie School, Kalispell, MSGIA accepted claims, paid all benefits due, disputes as to wage loss, nature & extent of injuries, need for future treatment, change in provider, availability of work within restrictions, $45,000 for all claims, stipulated judgment; Kraig Moore for Wilson, Morgan Weber for MSGIA [Read more…]
Employment contract, $220,000 verdict, nurse
EMPLOYMENT CONTRACT: $220,000 verdict for nurse whose contract for new job was pulled based on opinion of former co-worker that she would not be a good fit affirmed over appeal issues by both sides… Kutzman affirmed. [Read more…]
Water, abandonment through nonuse or “illegal” use
WATER: Claims of abandonment through irrigation nonuse or “illegal” use properly rejected… Fritsch/Ritter affirmed. [Read more…]
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