MALICIOUS PROSECUTION claim against pro bono attorneys who alleged scheme to defraud elderly couple of reverse mortgaged property properly dismissed on summary judgment… Wilson affirmed. [Read more…]
Archives for 2022
Arbitration, face of award reveals math error
ARBITRATION: Face of award reveals miscalculations subject to modification by Court… remanded for Arbitrator Axelberg to clarify calculation… fees/costs for alleged vexatious actions by Defendant properly denied… Abbott reversed, affirmed. [Read more…]
Ballot initiative, I-24 “Outstanding Resource Waters”
BALLOT INITIATIVE: Challenge to AG’s determination of legal deficiency of I-24 (designating parts of Madison and Gallatin Rivers “Outstanding Resource Waters”) timely filed within 10 days of SOS’s notice of determination to Proponents… determination of unconstitutional taking of private property erroneous, signature gathering may proceed… order. [Read more…]
Mental commitment, hearing in absentia during COVID
MENTAL COMMITMENT: Refusal to leave protective custody cell and attacking anyone who came in contact with her and the area outside her cell being too small to allow COVID distancing justified in absentia commitment hearing… Reynolds affirmed (memorandum). [Read more…]
$36,500,000 verdict, insurer’s failure to warn of asbestos
VERDICT: $36,500,000 ($30 million punitives) for insurer’s breach of duty to warn of asbestos hazard at Libby mill. [Read more…]
Indians, tribal regulation of winter electric termination
INDIANS: Crow Tribe retains jurisdiction under first Montana exception to regulate electric utility’s winter termination… Cavan/Watters affirmed (memorandum). [Read more…]
Settlements
Plan I
Kelleen VonFeldt, neck/shoulder/upper arms myofascial pain, 8/11, numerous significant disputes, $112,500 for all claims except medical benefits which are reserved, stipulated judgment; [Read more…]
Construction lien, truss supplier, implied findings
CONSTRUCTION LIEN: Findings & conclusions sufficient to allow informed review of and upholding bench judgment awarding $32,662 for unpaid installment under PO and $39,113.23 fees to truss supplier against apartment building contractor and implicit rejection of contractor’s counterclaim… Parker affirmed. [Read more…]
Dismissal, dog bite Defendant improvidently dismissed
DISMISSAL: Dog bite Defendant improvidently dismissed for Plaintiff’s failure to respond to motion to dismiss for lack of liability, 60(b) motion for relief improperly deemed denied without analysis of attorney’s excuse that he set motion aside expecting Defendant to file brief… Cuffe reversed (memorandum). [Read more…]
Marital, contempt motion to enforce settlement
MARITAL: Contempt order which also ordered division of disputed annuity properly before the Court on direct appeal… Judge erred in concluding that annuity was mistakenly omitted from settlement agreement… husband entitled to fees/costs for attempting to enforce agreement by contempt motion… Davies reversed. [Read more…]
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