VERDICT: $1,022,257.85, negligent insurance procurement, failure to list general contractor as additional insured on subcontractor engineer’s CGL policy resulting in no coverage for litigation involving settlement (sinking) of condo under construction. [Read more…]
Indians, cross-deputization challenge, traffic stop
INDIANS: Challenge to cross-deputization agreement by Indian arrested by State Trooper on Fort Peck Reservation properly rejected… suppression of firearms seized in traffic stop properly denied… Morris affirmed. [Read more…]
Settlements
Plan I
Dan Buxbaum, low back, 5/19, lifting ramps in course & scope with Stillwater Co., MACo designated claim for further investigation pursuant to §608, MACo’s policy with Stillwater expired 7/1/20 and MSF assumed coverage, MACo paid indemnity & medical under reservation until 8/17/22 alleging that Buxbaum’s need for treatment and associated disability were attributable to work while Stillwater was insured by MSF, dispute as to whether claim is compensable and which insurer is liable for benefits allegedly due, $150,000 new money for all claims, stipulated judgment; Greg Overturf for Buxbaum, Dean Blackaby for MACo [Read more…]
Insurance, assault/kidnap of estranged wife
INSURANCE: No coverage under auto and umbrella policies of suit stemming from assault & kidnap of estranged wife… Marks affirmed (memorandum). [Read more…]
Arrest, assault/misconduct charges against officer
ARREST: Assault and official misconduct charges against arresting officer dismissed for lack of probable cause… Wilson. [Read more…]
Title IX retaliation, college golf coach nonrenewal
TITLE IX RETALIATION: Refusal to renew college golf coach’s contract may be an adverse action for a Title IX retaliation claim because it could deter an employee from reporting discrimination (alleged gender inequity in the athletic department)… Haddon reversed. [Read more…]
Settlements
Plan I
Tammey Ludeman, right knee, 4/19, MSGIA accepted liability, disputes as to future wage loss and TTD, $25,000 new money for indemnity, medical reserved, stipulated judgment; Thomas Murphy for Ludeman, Morgan Weber for MSGIA [Read more…]
Wrongful discharge, federal “Willful Loss of Earnings”
WRONGFUL DISCHARGE: Federal “Willful Loss of Earnings” doctrine erroneously applied to relieve employer of proving failure to mitigate… Oldenburg reversed. [Read more…]
Med-mal, MLP application for deceased mother
MEDICAL MALPRACTICE: Initial MLP application relating to mother’s death deficient as son lacked authority until he received his PR Letters when it was too late… Todd affirmed (memorandum). [Read more…]
Disability discrimination, service dog barred from store
DISABILITY DISCRIMINATION: Claims stemming from refusal to allow service dog into store properly rejected… Johnston affirmed (memorandum). [Read more…]
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