LLC DISSOCIATION: $2,420,000 compensatory damages verdict in favor of farm/ranch LLC and against departing members affirmed, but $80,000 punitives verdict reversed as action arose from Operating Agreement… 8-year contract statute properly applied in “twilight zone of contract and tort law”… dissociation date properly fixed at 2/2/18… departing members’ 2 shares properly valued at $434,000 each with 7.5% interest accruing from 2/2/18… Laird affirmed, reversed. [Read more…]
Archives for August 2024
Opencut mining, preliminary injunction
OPENCUT MINING: Title 27 preliminary injunction provisions improperly applied to mining challenge when Plaintiff had remedy for similar relief in pending Title 75 action challenging environmental review… Larson reversed. [Read more…]
54(b) certification
54(b) CERTIFICATION improvidently granted without consideration of requisite factors… Coffman reversed. [Read more…]
Marijuana licensure, mitigating circumstances
MARIJUANA LICENSURE: License improperly revoked on summary judgment without considering mitigating circumstances as to application representations of controlling beneficial members… ALJ Cunningham reversed… Berger. [Read more…]
Settlements
Plan I
Tanner Lee, right upper extremity and chest, 3/23, City of Great Falls, MMIA accepted liability, paid medical & indemnity, disputes include wage loss, degree of disability, nature & extent of injuries, future medical, $150,000 new money for all claims, stipulated judgment; Matthew Murphy for Lee, Morgan Weber for MMIA [Read more…]
Easement, river bridge access
EASEMENT: Subdivision owners properly found to have access rights across river bridge built by Defendant, not required to share in construction costs pursuant to terms of 1994 Easement Agreement… Larson affirmed. [Read more…]
Med-mal limitations period
MEDICAL MALPRACTICE: First amended complaint properly dismissed with prejudice because it was filed outside the med-mal limitations period… Ulbricht affirmed. [Read more…]
Marital, vexatious Harvard lawyer
MARITAL: Attorney fees/costs awarded against Harvard lawyer for unprecedented frivolous motions practice attempt to weaponize his resources and legal education to harass ex-wife across numerous jurisdictions… additional vexatious litigant conditions imposed… Laird affirmed (memorandum). [Read more…]
Marital, parenting plan contempt
MARITAL: Father properly found in contempt for failing to abide by parenting plan… parenting plan properly amended… Cuffe affirmed (memorandum). [Read more…]
Parental Consent for Abortion Act unconstitutional
PARENTAL CONSENT FOR ABORTION ACT properly found unconstitutional… Abbott affirmed. [Read more…]