RANCH PARTITION issues between brothers in dissolution of large ranching operations properly resolved including appointment of special master and discovery sanctions… Todd affirmed. [Read more…]
Archives for 2022
Farm partnership dissolution, special administrator
FARM PARTNERSHIP DISSOLUTION: Rulings upholding special administrator’s actions in dissolving and distributing “land rich and cash poor” partnership in face of repeated interference by pro se heir who preferred in-kind distribution of land affirmed… Knisely affirmed (memorandum). [Read more…]
DUI, North Dakota felony enhancements
DUI: North Dakota statutes sufficiently similar to pre-21 Montana statutes to sustain felony enhancement… Recht affirmed. [Read more…]
Building permit negligence/nuisance, public duty
RESIDENTIAL BUILDING APPLICATION: Negligence & nuisances claims against Town rejected for failure to establish special relationship exception to public duty doctrine… rights to know and participate claims time-barred… Olson. [Read more…]
Settlements
Plan I
Mark Blood, multiple, 11/19, $100,000, Steve Carey
Travis Schuchard, multiple, 10/18, $18,000, Lucas Wallace [Read more…]
Offer of judgment, accepted after non-final SJ
OFFER OF JUDGMENT for $50,000 plus costs & fees which §1983 Plaintiff accepted prior to 14-day deadline but following non-final summary judgment for Defendant properly enforced under plain text of Rule 68… Molloy affirmed. [Read more…]
Insurance, Aircraft/Auto/Watercraft exclusion
INSURANCE: Aircraft, Auto or Watercraft exclusion both unambiguous and enforceable following certified question as to effect of failure to follow Policy Simplification Act in trailer/vehicle death case… Molloy reversed (memorandum). [Read more…]
Arbitration, no knowing waiver of Title VII sex suit
ARBITRATION: UM women’s head basketball coach did not knowingly waive right to bring Title VII sex discrimination claim in Federal Court, arbitration clauses at most gave notice that she was agreeing to arbitrate contractual disputes regarding employment agreement… Christensen. [Read more…]
Defense verdict, Water Resource Recovery Facility
VERDICT: Defense, water/sewer district did not violate Clean Water Act by alleged seepage from Water Resource Recovery Facility.
Settlements
Plan I
Kevin Legg, many claims as Helena firefighter over 20 years, numerous disputes as to additional medical, wage loss, PTD, $270,000 for all claims, stipulated judgment; Greg Overturf for Legg, Morgan Weber for MMIA [Read more…]
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