WRONGFUL DISCHARGE: Failure to give notice of medical marijuana use constituted good cause for discharge… Berger affirmed. [Read more…]
Archives for September 2021
Mental commitment, professional person via Vision Net
MENTAL COMMITMENT: Professional person improperly allowed to testify via Vision Net, error not harmless, commitment reversed… McMahon reversed. [Read more…]
Insurance, refusal to produce entire claim file
INSURANCE: Conserving resources insufficient for supervisory control of Menahan’s refusal to order insurer to produce entire MVA/UTPA claims file… order. [Read more…]
Bird feeding injunction clarification
BIRD FEEDING INJUNCTION clarification not “broader than necessary” to cure harm from nuisance birds… Reynolds affirmed (memorandum). [Read more…]
Rape, hearsay statements/video, deaf/DD 13-year-old
RAPE: Hearsay statements and video of deaf and developmentally delayed 13-year-old girl improperly admitted through counselors and investigator… not harmless error… conviction reversed, remanded for new trial… Pinski reversed. [Read more…]
Verdict, $1.2 million/$400,000, telecoms merger
VERDICT: $1.2 million to Plaintiffs, $400,000 to Defendants/Counterclaimants, breach of contract to merge telecommunications companies. [Read more…]
ERISA, disabled Medical Education Specialist
ERISA: Former clinic Medical Education Specialist proved that she was totally disabled and entitled to benefits for 24-months ending 3/29/20, denial applied wrong definition of “Total Disability and Totally Disabled,” Claimant was unable to perform one or more material & substantial duties of her Regular Occupation, denial based on subjective evidence combined with perceived lack of objective evidence contrary to case law… Claimant awarded attorney fees, costs, prejudgment interest, remanded for determination of whether she met policy’s “any occupation” definition of “total disability” after 3/29/20… “paper bench trial”… Watters. [Read more…]
Insurer’s denials not attempt to “unaccept” liability
Insurer’s denials were not attempt to “unaccept” liability without justification, but is liable for L4-5 and left cubital tunnel syndrome, not for right cubital tunnel syndrome or left carpal tunnel syndrome, not for fees/penalty… Sandler. [Read more…]
Settlements
Plan I
Angela Losoya, shoulder 8/20, COVID 9/20, Billings, MHN denied COVID claim based on lack of notice and medical causation, dispute as to infection source in connection with the COVID claim, $3,500 for all claims, stipulated judgment; Angela Losoya, pro se, Joe Maynard for Montana Health Network [Read more…]
Malicious prosecution claim against law firm
MALICIOUS PROSECUTION claim against law firm properly dismissed based on judicial estoppel for failure to disclose criminal fraud charges in bankruptcy schedules, improperly dismissed based on failure to disclose civil fraud claim… reasonableness of firm’s investigation of Plaintiff’s role in foreclosure must be resolved by a jury… Wilson affirmed, reversed. [Read more…]