ESTATE THEFT summary judgment rulings affirmed, reversed… Gilbert affirmed, reversed (memorandum). [Read more…]
Archives for July 2023
Sentencing, Internet access prohibition
SENTENCING: Conditions limiting Internet access overbroad for statutory rape Defendant… Brown reversed. [Read more…]
Defense verdict, work comp bad faith
VERDICT: Defense, Third Party Administrator violated UTPA and acted in bad faith in allegedly leveraging truck driver to settle MVA claim for half of “worst-case-scenario” amount when he settled for $375,000, but had reasonable basis in law or fact for its conduct and thus 0 award. [Read more…]
$1,460,952.46 settlement, Osmotic Demyelination
SETTLEMENT: $1,460,952.46, medical treatment resulting in Osmotic Demyelination Syndrome. [Read more…]
Wrongful discharge, reasons in discharge letter
WRONGFUL DISCHARGE: Material fact issues preclude summary judgment as to reasons given in discharge letter in case in which Montana Supreme Court clarified that Defendant may defeat wrongful discharge action only for reasons in discharge letter… Watters reversed (memorandum). [Read more…]
Settlements
Plan I
Lynne Hakkila, right index finger 7/21, head laceration 1/23, FedEx, Kalispell, disputes as to wage loss, nature & extent of injuries, need for future treatment, $32,500 for all claims, stipulated judgment; Thomas Murphy for Hakkila, Charlie Smith for FedEx Ground Package System [Read more…]
MVA verdict, disputed insurance implication
MVA VERDICT: Comment in closing that Plaintiff’s medical bills were not to compensate Plaintiff but “for other people and other providers so the burden of taking care of Cheryl doesn’t fall on someone else, doesn’t fall on the State” did not suggest that Defendant had insurance, not sufficiently prejudicial to warrant new trial following $165,000 verdict… Laird reversed. [Read more…]
Property settlement, specific performance
PROPERTY SETTLEMENT properly enforced by specific performance and equitable conversion after house burned prior to closing which had been delayed as tactic to force sale for less than appraisal… Davies affirmed. [Read more…]
Insurance, defense of CPA against defamation
INSURANCE: Insurers correctly found to have no duty to defend CPA against claims stemming from participation in allegedly baseless 2012 suit… Vannatta affirmed. [Read more…]
Insurance, records format for data transfer
INSURANCE: Writ of prohibition against Insurance Commissioner’s enforcement action properly denied in records format dispute between comp insurers… Abbott affirmed. [Read more…]
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