INSURANCE: Fees/costs incurred in settling claim not allowable as 3rd-party common law bad faith damages, $66,666.67 fees verdict reversed, voiding basis for $350,000 punitives… Claimant properly allowed to introduce testimony on industry practices as to advancing wages, insurer’s proposed instruction as to liability for refusing to advance [Read more…]
Probate, holographic will, testamentary capacity
PROBATE: No testamentary capacity for holographic will (or for competing will)… undue influence in transfer of state lease and oil/gas payments… Irigoin affirmed. [Read more…]
Wage claim, re-classified employee’s overtime
WAGE CLAIM: Re-classified employee’s overtime claim untimely, unauthenticated email not proper evidence of when he became aware of reclassification and no legal effect on when wage claim accrued… Sherlock affirmed. [Read more…]
Search/seizure, warrantless entry
SEARCH & SEIZURE: Probable cause and exigent circumstances justified warrantless entry into home while attempting to locate minor reported to be traveling with Defendant to purchase alcohol… not necessary to [Read more…]
Sentencing, ASA v. PFO, prescription drugs
SENTENCING: The more specific ASA gives discretion to sentence PFO to treatment if prison not appropriate… prison for prescription drug Defendant appropriate in this case… Larson affirmed. [Read more…]
Bench judgment, house construction
BENCH JUDGMENT: $10,000 plus interest for Defendant/Counterclaimant builder, $8,870 for Plaintiff owners of Big Sky spec houses for punch list… Tucker. [Read more…]
Judicial estoppel, alternative ability-to-sue theories
JUDICIAL ESTOPPEL: Theories as to ability to sue not fatally inconsistent, suit against appraiser for allegedly overvaluing RV park improperly dismissed… Haddon reversed (unpublished). [Read more…]
Pro se settlement reopen
Pro se settlement reopen pled adequately to withstand motion to dismiss for failure to state claim… Shea. [Read more…]
Mediator’s report confidentiality
Mediator’s report not admissible to support claim of breach of agreement to permit treatment… untimely claim rejected on summary judgment… Shea. [Read more…]
3rd-party petition against uninsured employer
Uninsured employer may not be joined as party ostensibly liable to Claimant, but UEF may file 3rd-party petition against uninsured employer pursuant to HB 119… Shea. [Read more…]
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