PARTITION: Siblings’ lakeshore property properly ordered partitioned in-kind… Owen affirmed (memorandum). [Read more…]
SVORA, under age, North Dakota v. Montana
SVORA: Defendant who was not required to register in North Dakota for his plea to misdemeanor assault with underage girl improperly required to register in Montana… Cuffe reversed. [Read more…]
Restitution, stolen silver
RESTITUTION for stolen silver properly assessed against Defendant over objection to value… Recht affirmed (memorandum). [Read more…]
Insurance, conspiracy to take over frac business
INSURANCE: No duty to defend or indemnify Defendants in suit alleging conspiracy to take over hydrologic fracturing tubing businesses… Cavan. [Read more…]
Insurance subrogation, made whole, $1,618 property
INSURANCE SUBROGATION: Made whole claims for $1,618 in uncovered property loss not precluded by American Rule or failure to exhaust but properly dismissed because insurer did not prematurely subrogate with respect to a category of damages for which it had been paid a premium… Wilson affirmed (other grounds). [Read more…]
New trial, kidnapped estranged wife, $20,000 verdict
NEW TRIAL properly ordered on finding kidnapped estranged wife entitled to more than $20,000 jury award… ranch properly dismissed for lack of ratification of employee’s actions… Marks affirmed. [Read more…]
Long-term care, med-mal, unjust enrichment, rescission
LONG-TERM CARE: 6 counts stemming from death of memory facility resident correctly construed as med-mal, dismissed as time-barred… unjust enrichment and contract rescission improperly dismissed as time-barred… Ulbricht affirmed, reversed. [Read more…]
Class action, undersized dumpsters
CLASS ACTION claims against waste management entity providing undersized dumpsters properly certified over issues of common questions of law & fact and ascertainability of class members in early stage of litigation… Marks affirmed. [Read more…]
Marital, unsigned petition
MARITAL: Marriage improperly found invalid based on unsigned petition and irrelevant irretrievable breakdown finding… Owen reversed. [Read more…]
Tampering, staged robbery for insurance fraud
TAMPERING conviction in staged robbery for insurance fraud affirmed over denial of accomplice instruction and sufficiency of corroboration… Bidegaray affirmed. [Read more…]
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