SETTLEMENT: $8 million, national class action short-term medical insurance case with 28,767 policyholders alleging use of Data iSight software to discount medical charges to amount below what was promised in the policies… settlement preliminarily approved by Watters with final approval hearing set… Class Representative’s individual non-class claims settled for $900,000 new money in addition to $75,000 paid during litigation. [Read more…]
Archives for August 2021
$56,704,559 Risk Corridors payments to Montana co-op
AFFORDABLE CARE ACT: US required to pay Montana Health CO-OP $56,704,559.42 as full amount of Risk Corridors Program payments owed under ACA… appropriations rider could not reduce the obligation after MHC relied on RCP payments to enter the exchange… judgment under Tucker Act following US Supreme Court ruling in parallel cases… Wolski. [Read more…]
2-year petition statute tolled during mental incompetence
2-year statute for petition for hearing tolled during period of mental incompetence… Sandler. [Read more…]
Settlements
Plan I
Callie McGregor, knee, 1/21, $12,000, ancillary services, Leslae Dalpiaz [Read more…]
Emotional distress, personal property damage/loss
EMOTIONAL DISTRESS: Parasitic emotional distress damages not available for negligence claim for personal property damage or loss… certified question answered for 9th Circuit… $62,750 verdict for “unspecified, non-property damages” stemming from theft from tire shop of vehicle containing gun, ammunition, documents with home address, house keys “reversed”… Molloy “reversed.” [Read more…]
Liquor, Agency Franchise Agreement transfer
LIQUOR: Agency Franchise Agreement transfer interference claims properly rejected… Oldenburg affirmed. [Read more…]
PSC, street lighting challenges
PSC: Street lighting challenges properly rejected… Reynolds affirmed (memorandum). [Read more…]
Attorney discipline, criminal endangerment
ATTORNEY DISCIPLINE: James McCormack placed on interim suspension following criminal endangerment guilty plea, held in abeyance pending submissions as to good cause to set aside or modify… order. [Read more…]
Sentencing, jail credit confusion clarified
SENTENCING: Defendant on parole at time of endangerment charge entitled to pre-sentence jail credit pursuant to §46-18-201(9) (2017) based solely on the record of the offense for which he is being sentenced and without regard to whether he is “incarcerated on a bailable offense”… remanded to credit 489 days jail time… Kutzman reversed. [Read more…]
Sentencing, jail credit confusion clarified
SENTENCING: DUI Defendant entitled to credit for all pre-sentence incarceration regardless of being held in connection with charges in other counties pursuant to §46-18-201(9) (2017)… Christopher reversed. [Read more…]