Montana Law Week

The Weekly Digest of Montana Law

Archives for 2019

Insurance, sexual contact with sleeping co-worker

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INSURANCE: FWS scuba officer’s sexual contact with sleeping employee correctly found to not be an “occurrence” and therefore not covered… instruction to tell colleagues that contact was consensual incorrectly found to be covered “occurrence”… Christensen affirmed, reversed (memorandum). [Read more…]

Bankruptcy, involuntary proceeding standing

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BANKRUPTCY: MDOR’s claim against Yellowstone Club co-founder was subject of bona fide dispute as to amount (9th Circuit joining 1st & 5th as to plain-meaning inclusion of “amount” in §303(b)(1) to bar all claims disputed as to amount even if part of claim is undisputed), precluding MDOR from serving as petitioning creditor for involuntary bankruptcy to leverage $200,000 concession to collect millions in additional disputed liability… Nevada Bankruptcy & District Courts affirmed. [Read more…]

Settlements

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Plan I

Kathryn Gray, hip, 1/18, Daniels Co., MACo accepted liability, paid benefits, Petitioner achieved MMI with 12% impairment in 6/19, returned to TOI employer at alternative duty, disputes as to degree of disability if any, entitlement to future medical if any, $65,000 ($55,839 to Gray and Murphy Law Firm for incentive payment, indemnity, fees/costs, $8,161 MSA, $1,000 for initial MSA account setup) new money for all claims, stipulated judgment; Matthew Murphy for Gray, Dean Blackaby for MACo [Read more…]

Mine trespass, no valuable mineral deposits, no trespass

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MINE TRESPASS: Because there were no valuable mineral deposits on Subject Claims, Wheelis improperly granted summary judgment for trespass claimants in 2013 (summary judgment was basis of damages-only ruling by Cuffe in 2018 trial which resulted in $3,325,000 verdict for owners of unpatented mining claims crossed by tunnel constructed to access patented claims of proposed Montanore mine)… Wheelis/Cuffe reversed. [Read more…]

Probate, emergency freeze of accounts

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PROBATE: Probate Court had subject jurisdiction for emergency order freezing decedent’s bank accounts in name of grandson (personal v. real property), but not to transfer the funds directly to the Estate without a determination that grandson was not entitled because of undue influence… Gilbert affirmed, reversed (IOR I-3(c)). [Read more…]