EMOTIONAL DISTRESS claims by father based on his trauma of witnessing deposition questioning of his child in wrongful death suit brought by father in death of his wife properly dismissed pursuant to Rule 12(b)(6) without converting to summary judgment… Cuffe affirmed (memorandum). [Read more…]
Archives for 2024
Appellate procedure, interpled insurance funds
APPELLATE PROCEDURE: Appeal of order by Linneweber directing deposit of interpled insurance funds and making insurers responsible for certain payments premature… order. [Read more…]
Probate, tangential civil jurisdiction
PROBATE: Invitation to “buck” precedent and allow courts sitting in probate to exercise jurisdiction over tangential matters declined… fiduciary duty, negligence, fraud, bad faith claims related to PR’s alleged sale of house under market value properly dismissed… but Foy fees improperly awarded as arguments that jurisdictional precedent should be overruled not “wholly frivolous or malicious”… Seeley affirmed, reversed (memorandum). [Read more…]
Marital, farm/ranch valuation/distribution
MARITAL: Farm/ranch properly valued and distributed, husband properly found in contempt for vexatious conduct… Harada affirmed (memorandum). [Read more…]
Aggravated animal cruelty, feeding costs reimbursement
AGGRAVATED ANIMAL CRUELTY: Challenge to imposition of liability for County’s costs in caring for 58 horses waived by failure to object, but costs were “reimbursement,” not “restitution,” so 10% restitution fee improperly imposed… Seeley affirmed, reversed (memorandum). [Read more…]
Sexual assault, special unanimity, prosecutorial conduct
SEXUAL ASSAULT: (Conviction affirmed over claims of need for special unanimity instruction and prosecutorial misconduct… Harada affirmed (memorandum). [Read more…]
Prisoners, County’s rate for housing DOC prisoners
PRISONERS: County’s challenge to reimbursement rate for housing DOC prisoners properly rejected… Menahan affirmed. [Read more…]
Insurance, putative subrogation class action
INSURANCE: Letter from subrogation vender properly held not to constitute enforcement of subrogation, but putative class action claim that insurer enforced subrogation in violation of Montana’s made-whole doctrine improperly dismissed as unripe, remanded for opportunity to amend to include additional factual allegations… DeSoto/Watters affirmed, reversed (memorandum). [Read more…]
$50,000 EEOC consent decree, sex harassment/retaliation
CONSENT DECREE: $50,000 punitives to former electric co-op office manager for sexual harassment and retaliation by former general manager plus extensive injunctive relief in EEOC action… previous total of $1,702,148.43 damages in State Court proceedings. [Read more…]
Settlements
Plan I
Uriel Gonzalez, ear(s), 10/18, $15,000, Michael Haynes [Read more…]
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