Montana Law Week

The Weekly Digest of Montana Law

Construction contract, failure to join general contractor

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CONSTRUCTION CONTRACT: Exterior building subcontractor’s claims for compensation for additional work resulting from Project’s defective designs dismissed without prejudice under Rule 12(b)(7) for failure to join general contractor, relief may be pursued in arbitration… bond foreclosure stayed pending arbitration… Christensen. [Read more…]

Malicious prosecution, rifle barrel trademark infringement

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MALICIOUS PROSECUTION claim against carbon fiber rifle barrel manufacturer for filing ultimately voluntarily dismissed trade dress mark infringement proceeding rejected on summary judgment on the basis of probable cause… inadvertently disclosed draft document in email from attorney protected by attorney-client privilege and as opinion work product, not considered on summary judgment… claims of false or fraudulent registration of a trademark and tortious interference with business relations/prospective economic advantage previously dismissed under Rule 12(b)(6)… DeSoto. [Read more…]

Settlements

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Plan I

Deena Breckenridge, low back 5/17, low back/hip 12/20, Conrad, MHN initiated all benefits due & owing, Petitioner underwent hip surgeries including a total hip replacement, MMI achieved, disputes as to further indemnity & medical, $90,000 new money for all claims, stipulated judgment; Thomas Murphy for Breckenridge, Joe Maynard for MHN [Read more…]

Insurance, bar parking lot altercation, off-duty officer

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INSURANCE: Insurer has duty to defend off-duty police officer against claims stemming from bar parking lot altercation in which Plaintiff alleges he was “brutally assaulted” as he was attempting to drive through the lot and the officer claims he acted in self-defense because of Plaintiff showing a firearm in his vehicle… underlying Complaint allegations read in conjunction with other facts known to insurer including self-defense claim asserted as affirmative defense in officer’s Answer… DeSoto. [Read more…]