TITLE INSURANCE: Statutes governing issuance of a title policy do not impose a duty with respect to the offer of insurance in a preliminary commitment… claims by sellers in failed transaction stemming from failure to insure for legal access properly rejected… Hayworth affirmed. [Read more…]
Archives for June 2021
Parental rights, Adoption Act, appointed counsel
PARENTAL RIGHTS: Supervisory control of Gilbert denied as to determination that Mother is not entitled to appointed counsel in Adoption Act termination because she does not meet financial eligibility requirements pursuant to OPD’s indigency determination method which included partner’s income and assets… order. [Read more…]
Patronizing prostitution, privacy in texts to sting agent
PATRONIZING PROSTITUTION: No reasonable expectation of privacy in texts sent to federal agent in response to internet sting ad… Rienne McElyea affirmed. [Read more…]
$3,087,000 verdict, ophthalmology malpractice, implants
VERDICT: $3,087,000 ($2 million general damages), ophthalmology malpractice, intraocular lens implants allegedly leading to loss of vision. [Read more…]
Railroad right of way reversionary interest
RAILROAD RIGHT OF WAY: US retained reversionary interest in abandoned right of way traversing Plaintiff’s land under 1988 Rails-to-Trails Act where Plaintiff failed to obtain a decree under 1922 Abandoned Railroad Right of Way Act… Christensen affirmed. [Read more…]
Charitable care write-off, certified questions
CHARITABLE CARE WRITE-OFF: Questions certified to Montana Supreme Court as to hospital and ambulance write-offs related to $578,248 FTCA heart attack death judgment by Morris… order. [Read more…]
Sentencing, felon in possession, appeal waiver
SENTENCING: Guidelines range sentence for felon in possession of firearm not “constitutionally defective,” waiver of right to appeal applies… Haddon affirmed (memorandum). [Read more…]
Settlements
Plan II
Leslie Bowman, upper extremities OD, 5/20, adjuster with Sedgwick Claims Management Services, Missoula, disputes as to indemnity and medical, disputed allegations of adjusting by an out-of-state adjuster and employer involvement in adjusting the claim, $225,000 new money for all claims, stipulated judgment; Sydney McKenna for Bowman, William Bronson for Hartford Accident & Indemnity [Read more…]
Landlord/tenant, expending security deposit
LANDLORD/TENANT: Landlord violated CPA by misrepresenting that she possessed security deposit (property of the tenant) when she had expended it… tenant entitled to $1,200 (his lost deposit) not merely $500 statutory damages for each CPA violation, plus $27,946.25 fees… Larson affirmed, reversed (memorandum). [Read more…]
Mental commitment, oral/written findings sufficiency
MENTAL COMMITMENT: Extensive oral findings sufficiently buttressed bare bones written findings to support commitment… Rienne McElyea affirmed (memorandum). [Read more…]