Montana Law Week

The Weekly Digest of Montana Law

Archives for 2019

$10,595,514 judgment, breach of forbearance agreement

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BENCH JUDGMENT: $10,595,514.16 seized from start-up international office products facility causing its demise awarded as damages for breach of bank’s forbearance agreement… trial on contract damages under Michigan law on remand from reversal of $52,037,593 verdict which was improperly based on Montana law… Dayton. [Read more…]

DUI, extension of “welfare check” to DUI investigation

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DUI: “Welfare check” on driver reported in 911 call as not moving with engine running in legally parked car terminated when driver was found moving and engine not running and assured that he was not in need of assistance, no particularized suspicion to extend stop to DUI investigation… officer’s testimony and lower Courts’ and Dissent’s findings contradicted by body cam video which Supreme Court is not required to disregard… misdemeanor DUI conviction reversed… Warren/Deschamps reversed. [Read more…]

Insurance bad faith, challenge of MVA insurer’s valuation

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INSURANCE BAD FAITH: Motions to compel by both sides in case challenging insurer’s valuation of underlying MVA case that settled for $4.275 million without release of Defendant granted over claims of attorney client and work-product privileges in advice of counsel defense… fees on either motion denied as parties are of a mind that they are both right and they are both wrong… Molloy. [Read more…]