Montana Law Week

The Weekly Digest of Montana Law

Buy-sell, failure to obtain committee approval of home

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BUY-SELL: Failure to obtain Architectural Committee approval of home not specifically stated as circumstance in which the buy-sell terminates, not grounds for termination, summary judgment for buyer on contract claim… material fact issues as to whether seller breached the implied covenant by interfering with the committee’s approval so he could terminate the buy-sell… buyer entitled to attorney fees per buy-sell… Rienne McElyea. [Read more…]

Settlements

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Plan I

Craig Smith, low back 7/03, nose 6/13, multiple 4/14, head/neck/shoulders 3/19, Stillwater Mining near Nye, Stillwater initiated all benefits due & owing, Smith underwent multiple surgeries, achieved MMI, restrictions imposed, impairments assigned, disputes as to PTD, extent of impairments, domiciliary care, Petitioner has obtained SSD and Medicare, $750,000 for all claims including §721 death benefits inclusive of cost of $51,525.93 MSA, stipulated judgment; Paul Odegaard for Smith, Joe Maynard for Stillwater Mining [Read more…]

Attorney fees, $532,662 fees & costs, flooring litigation

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ATTORNEY FEES: $532,662.35 fees & costs awarded 3rd-party Defendant flooring subcontractor and against Defendants/Counterclaimants contractor, realtors, and their joint counsel in convoluted litigation over hardwood flooring finish… subpoena for discovery as to whether fees or costs were paid by insurer denied as irrelevant to reasonableness… motion for relief from sanctions denied… Larson. [Read more…]