INSURANCE: Comp insurer with safety program owed duty of care under Restatement of Torts §324(b)-(c) to warn workers of risk of Libby asbestos exposure… summary judgment to worker on duty element of negligence claim against insurer erroneously granted without applying 324A, but correct result for wrong reason… ruling allows 800+ former Grace workers to continue claims against insurer… Eddy affirmed (other grounds, supervisory control). [Read more…]
Archives for March 2020
Wrongful discharge, hospital official
WRONGFUL DISCHARGE: Hospital In-Home Care Services Director properly terminated for failing to manage rising accounts receivables and submit timely employee evaluations despite repeated warnings… Oldenburg affirmed. [Read more…]
Default judgment, attorney “abandonment”
DEFAULT JUDGMENT for $375,000 properly entered against Canadian mining company over claim of surprise abandonment by Montana attorney… $128,758.57 prejudgment interest award properly rescinded because factual dispute would exist at trial as whether stocks in Montana venture were truly worthless at time of purchase given Canadian Cease Trade Order… Berger affirmed (IOR I-3(c)). [Read more…]
Immigration, burglar arrestee, Border Patrol detainer
IMMIGRATION: Burglar arrestee’s challenge of Border Patrol detainer request not moot after release from jail and into DHS custody… the detainer and jail’s actions in refusing release on bond constituted unauthorized arrest for civil immigration violation… Cuffe affirmed, reversed. [Read more…]
Speedy trial, 547 days, no-hearing dismissal
SPEEDY TRIAL rights of sexual assault Defendant properly found denied without evidentiary hearing… Todd affirmed (IOR I-3(c)). [Read more…]
Right to jury, waiver by failure to appear
RIGHT TO JURY waived by DUI Defendant’s failure to appear despite repeated warnings… appeal of City Court conviction to District Court properly dismissed… Newman affirmed (IOR I-3(c)). [Read more…]
Settlements
Plan I
Patrick Bad Bear, left knee, 9/17, Roosevelt Co., MACo accepted liability, paid benefits, Petitioner reached medical stability in 2/20, has not been released to TOI job but stipulates that he is employable, $70,000 new money for all claims, stipulated judgment; Michele Levine for Bad Bear, William Blackaby for MACo [Read more…]
Foreclosure, lake house treated as abandoned
FORECLOSURE: Verdict affirmed that loan servicer on million-dollar lake house that it treated as abandoned breached deed of trust but owner suffered no damages… Ulbricht affirmed (IOR I-3(c)). [Read more…]
Parenting, objections to Family Court Services
PARENTING: Objections to Family Court Services process waived by active participation/acquiescence… Ulbricht affirmed (IOR I-3(c)). [Read more…]
Sexual assault, panelist believed child would be truthful
SEXUAL ASSAULT: Panelist who expressed belief that child would testify truthfully should have been dismissed for cause… conviction reversed, remanded for new trial… Boucher reversed. [Read more…]
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