INSURANCE: Claim that insurer has duty to provide policy to 3rd-party claimant when insured’s liability is reasonably clear not rendered moot by insured providing the policy after suit filed… insurer failed to show inapplicability of voluntary cessation exception by showing its conduct will not recur… Rienne McElyea reversed. [Read more…]
Archives for September 2021
Legislative subpoenas, rehearing of quashing denied
LEGISLATIVE SUBPOENAS: Rehearing denied of opinion quashing legislative subpoenas stemming from MJA poll pertaining to SB 140… order. [Read more…]
Defense verdict, med-mal, MRI interpretation
VERDICT: Defense, med-mal, MRI interpretation, neurologic deficits. [Read more…]
Insurance, subrogation practices, UTPA preemption
INSURANCE: Putative class Plaintiffs’ request for declaratory judgment as to GEICO’s subrogation practices preempted by UTPA, but amendment permitted to bring proper UTPA claim… Molloy. [Read more…]
Settlements
Plan I
Tammy Birk, low back, hips, right leg, 6/21, Smith Foods, Kalispell, disputes as to liability for the claim, wage loss, nature & extent of injury, need for future treatment, $10,000 for all claims, stipulated judgment; Leslae Dalpiaz for Birk, Charlie Smith for Kroger [Read more…]
Liquor liability, “negligence (premises liability)”
LIQUOR LIABILITY: “Negligence (premises liability)” claim with 3-year tort statute — co-pled with “negligence (liquor liability)” claim with 2-year Dram Shop statute — precludes dismissal of bar from suit filed 2 years 8 days after assault by patron… Wilson reversed. [Read more…]
Emotional distress, parasitic damages, rehearing denied
EMOTIONAL DISTRESS: Rehearing denied as to 9th Circuit certified question answer that parasitic emotional distress damages not available for personal property negligence claim which “reversed” $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… order. [Read more…]
Marital, sanctions warranted but not to extent imposed
MARITAL: Wife’s failure to timely respond to discovery warranted sanctions but not to the extent of awarding husband virtually all the estate without proper consideration of §202 factors… Cybulski reversed (memorandum). [Read more…]
Marital, construction businesses, encumbered property
MARITAL: Distributions involving construction businesses and encumbered marital property affirmed… Gilbert affirmed (memorandum). [Read more…]
Judge disqualification, disagreement with rulings
JUDGE DISQUALIFICATION not available for disagreement with rulings… order. [Read more…]