MARITAL/ATTORNEY FEES: Fees properly awarded to husband under terms of divorce settlement agreement for defending against wife’s 3rd-party complaint in separate action, but amount improperly based on billing records and summaries admitted without expert’s personal knowledge of truth or accuracy… $18,684.93 prejudgment interest properly awarded on $20,000 marital property settlement where wife was not prevented by stays from paying it for 9 years… Parker affirmed, reversed. [Read more…]
Archives for 2019
Plea withdrawal, sex evaluation “misunderstanding”
PLEA WITHDRAWAL based on claimed misunderstanding about obligation to complete sex offender evaluation as part of plea agreement reducing rape to endangerment properly denied… Cuffe affirmed (IOR I-3(c)). [Read more…]
$404,100.29 verdict, wrongful resuscitation
VERDICT: $409,100.29, wrongful resuscitation. [Read more…]
Personal jurisdiction, balcony railing fall
PERSONAL JURISDICTION: Discovery allowed into whether Defendants acted in “strategic joint venture” with retailer of railing which resulted in fall from balcony specifically targeted the Montana home-improvement market to satisfy purposeful availment prong of minimum contacts requirement… Christensen. [Read more…]
Settlements
Plan I
Staci Hedrick, multiple, 1/18, $71,000, Leslae Dalpiaz
Jeffrey Lulow, multiple, 9/18, disputed, $60,000, Kiel Duckworth [Read more…]
Personal jurisdiction, tire failure, “stream of commerce plus”
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…]
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…]
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