INDIANS: Assault victim’s Indian status properly decided by jury… conviction affirmed… Morris affirmed (memorandum). [Read more…]
Archives for 2019
Insurance, luxury home construction claims
INSURANCE: Insurer has duty to defend contractor against all claims in complaint by luxury home owners, but does not have duty to indemnify for $2.6 million+ liquidated damages, breach of warranty, MCPA, unjust enrichment, emotional distress claims, and fact issues preclude summary judgment on duty to indemnify for other claims… Molloy. [Read more…]
“Ping” warrant, state warrant, federal prosecution
“PING” WARRANT for cell phone location of suspected meth dealer’s trip to California and back to Montana properly issued by State Court Judge John Brown despite application by FBI member of Task Force and ultimate federal prosecution… any error would not implicate exclusionary rule… Christensen. [Read more…]
No open-ended order for neurologist/psychiatrist IME
Open-ended order for neurologist/psychiatrist IME to assess possible conversion disorder denied… good cause not shown to vacate scheduling order to allow more time to schedule IME… Sandler. [Read more…]
Settlements
Plan I
Sue Pruitt, multiple, 9/15, $95,000, Hayley Kemmick
No lawyer: Robert Tomaskie, shoulder(s), 18, $5,000; Della Van Horn, ankle, 14, $44,300 [Read more…]
Insurance, additional insured, well death
INSURANCE: Endorsements to well contractor’s CGL policy did not extend additional insured status to owner seeking coverage for death of flow tester, no duty to defend/indemnify… Laird reversed. [Read more…]
Discrimination, $38,357.70 for “nigger” slurs
RACE DISCRIMINATION: $38,357.70 properly awarded for supervisor’s “nigger” slurs (as opposed to Petitioner’s “my nigga” as term of endearment)… Scrimm/Dayton affirmed. [Read more…]
Mobile home sale, default, notice, surplus
MOBILE HOME SALE: Sale of defaulted home without notice of how sellers intended to dispose of it and accounting for surplus violated UCC, summary judgment for buyers improperly denied on grounds that Art. 9 no longer applied to Agreement after buyers vacated, resulting in verdict that Agreement terminated when buyers moved out… sellers may assert equitable estoppel but summary judgment on estoppel improper… Souza reversed. [Read more…]
Foreclosure, documents not placed in escrow
FORECLOSURE of developers’ property properly upheld on summary judgment over claim that lender’s failure to place documents into escrow prevented obtaining financing to exercise settlement purchase option… Wilson affirmed (IOR I-3(c)). [Read more…]
Mental commitment, oral/written findings
MENTAL COMMITMENT: Oral and written findings together sufficient to justify commitment… Seeley affirmed (IOR I-3(c)). [Read more…]
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