BOAT SLIP EVICTION: Injunction compelling marina to provide boat slips and request for attorney fees denied following verdict finding that marina violated CPA in terminating sailboat slip rental but the violation did not cause damages… $500 statutory damages properly awarded… Menahan affirmed (IOR I-3(c)). [Read more…]
Archives for April 2020
Contract, Judge’s finding v. parties’ assertions
CONTRACT: Judge incorrectly found that no contract existed contrary to assertions of both parties… Harris reversed (IOR I-3(c)). [Read more…]
Marital, equalization payment, failure to refinance home
MARITAL: Equalization payment properly awarded wife in accordance with prior decree after husband was unable to refinance home, wife failed to exercise purchase option, and it sold for less than valued in the decree… Allison affirmed. [Read more…]
Marital, Sheriff’s Retirement disability
MARITAL: Sheriff’s Retirement System disability improperly divided as marital asset… Best reversed. [Read more…]
Appellate procedure, PERS unfunded actuarial liability
APPELLATE PROCEDURE: Declaratory judgment regarding impact on PERS unfunded actuarial liability by county’s decision to privatize health center denied… order. [Read more…]
Work comp, “negligence per se” UEF denial jurisdiction
WORK COMP: WCC has exclusive jurisdiction to consider claim of negligence per se in UEF’s denial of responsibility which allegedly caused Plaintiff harm… Vannatta. [Read more…]
Restoration damages, landowners’ smelter contamination
RESTORATION DAMAGES: Landowners affected by smelter contamination are “potentially responsible parties” under CERCLA, need EPA approval to take independent remedial action… Montana Supreme Court affirmed as to jurisdiction, reversed on the merits. [Read more…]
Insurance, alleged bad faith settlement of death case
INSURANCE: Motion by Plaintiff alleging bad faith settlement of vehicle death case to exclude certain testimony & opinions of insurer’s hybrid and retained experts mostly denied… Molloy. [Read more…]
Petitioner capable of 2 JAs not PTD
Petitioner who is capable of performing 2 JAs is not PTD, not entitled to additional medical benefits under §704(1)(f)(ii)… Sandler. [Read more…]
Settlements
Plan I
David Baker, shoulder(s), 4/11, $160,000, Laurie Wallace [Read more…]
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