OFFER OF JUDGMENT for $50,000 plus costs & fees which §1983 Plaintiff accepted prior to 14-day deadline but following non-final summary judgment for Defendant properly enforced under plain text of Rule 68… Molloy affirmed. [Read more…]
Insurance, Aircraft/Auto/Watercraft exclusion
INSURANCE: Aircraft, Auto or Watercraft exclusion both unambiguous and enforceable following certified question as to effect of failure to follow Policy Simplification Act in trailer/vehicle death case… Molloy reversed (memorandum). [Read more…]
Arbitration, no knowing waiver of Title VII sex suit
ARBITRATION: UM women’s head basketball coach did not knowingly waive right to bring Title VII sex discrimination claim in Federal Court, arbitration clauses at most gave notice that she was agreeing to arbitrate contractual disputes regarding employment agreement… Christensen. [Read more…]
Defense verdict, Water Resource Recovery Facility
VERDICT: Defense, water/sewer district did not violate Clean Water Act by alleged seepage from Water Resource Recovery Facility.
Settlements
Plan I
Kevin Legg, many claims as Helena firefighter over 20 years, numerous disputes as to additional medical, wage loss, PTD, $270,000 for all claims, stipulated judgment; Greg Overturf for Legg, Morgan Weber for MMIA [Read more…]
Directed verdict, med-mal, lasting hoarseness
DIRECTED VERDICT for med-mal Defendant, lasting vocal hoarseness & difficulty swallowing following cervical surgery… Harada. [Read more…]
Legal malpractice, sex assault defendant’s counsel
LEGAL MALPRACTICE claim against sexual assault defendant’s deceased attorney’s firm fails because Alford plea entered after allegedly ill-advised guilty plea was withdrawn severed causation of initial plea… Best affirmed (other grounds, memorandum). [Read more…]
Quiet title, complex chain of title, deed in Bible
QUIET TITLE: 30 acres with complex chain of title and 1958 deed discovered in Bible in 2013 acquired by adverse possession with any interest by cotenants extinguished by ouster… constructive fraud counterclaims against Plaintiffs and DOR properly rejected on summary judgment… Ohman affirmed. [Read more…]
Marital, home apportionment, stay at home husband
MARITAL: Home properly apportioned where wife funded entire downpayment and worked during marriage while husband stayed home to remodel and maintain property… Menahan affirmed (memorandum). [Read more…]
Verdict, $12,500 (50/50 negligence) dog bite, sural nerve
VERDICT: $12,500 (50/50 negligence), dog bite, sural nerve. [Read more…]
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