VERDICT: $1.8 million gross, t-bone MVA, death of driver, injuries by passenger, negligence apportioned 60% to speeding other driver, 40% to deceased driver for BAC and leaving business driveway without yielding. [Read more…]
Class action, preliminary injunction, rental agreements
CLASS ACTION: Preliminary injunction granted prohibiting Boyne from terminating Rental Management Agreements with named Plaintiff condo owners as alleged tactic to intimidate others into opting out… Morris. [Read more…]
Settlements
Plan II
Chad Wallin, left knee, 1/22, Sonepar USA Holdings, North Coast Ops, Billings, Hartford accepted claim, paid all benefits due & owing, disputes as to ongoing wage loss and future medical, $120,000 for all claims, stipulated judgment; Chad Wallin, pro se, Adrianna Potts for Hartford Accident & Indemnity [Read more…]
Probate, emails/texts not “written contract”
PROBATE: Emails, texts, and verbal agreement do not constitute a “written contract” executed by each heir for distribution of truck… PR had no duty to put purported agreement by heirs in writing… Harris reversed. [Read more…]
Choice of law, employment contract
CHOICE OF LAW in employment contract between Nevadan intending to move to Montana to work for North Carolina employer (and who did reside in Montana at time of termination) validly provides for North Carolina law to govern wrongful discharge claim… Coffman affirmed. [Read more…]
Supervisory control, MSH fitness wait list
SUPERVISORY CONTROL granted vacating Parker’s order for DPHHS to submit a report regarding its plan to address the waiting list at MSH as there is no justiciable controversy since Defendant is now at MSH undergoing fitness evaluation… order. [Read more…]
Class certification, garbage dumpster sizes
CLASS CERTIFICATION granted as to claims that garbage service provided smaller dumpsters than contracted or represented… Marks. [Read more…]
$1,490,000 settlement, Arizona auto/semi death/injuries
SETTLEMENT: $1,490,000, semi/auto, 2 deaths, 1 PI. [Read more…]
Insurance, fire loss arson investigation
INSURANCE: Homeowners’ claims against insurer properly rejected on summary judgment for failure to cooperate with arson investigation… certification to Montana Supreme Court of enforcement of contractual duty to cooperate denied… DeSoto/Christensen affirmed (memorandum). [Read more…]
EAJA fees, bison hunt Plaintiffs
EAJA: Requested $640,701 fees & costs properly denied bison hunt Plaintiffs as US’ position was “substantially justified” despite voluntary remand… Watters affirmed (memorandum). [Read more…]
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