Montana Law Week

The Weekly Digest of Montana Law

Sentencing, ability to pay fines, costs, fees

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SENTENCING: Fines, costs, fees improperly assessed without adequate consideration of ability to pay but reason for counsel’s failure to object not apparent from record, ineffective assistance claim more amenable to postconviction petition… drug convictions affirmed without prejudice to postconviction petition… Cuffe affirmed (memorandum). [Read more…]

$8 million settlement, $2 million fees, medical insurance

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SETTLEMENT: $8 million, national class action short-term medical insurance case with 28,767 policyholders alleging use of Data iSight software to discount medical charges to below what was promised in the policies… settlement approved by Watters following final approval hearing including Class Counsel’s requested $2 million fees and $30,729.76 litigation expenses… Class Representative’s individual non-class claims settled for $900,000 new money in addition to $75,000 paid during litigation. [Read more…]

Settlements

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Plan I

Vernon Pieske, left hand, 12/17, Weyerhaeuser, Columbia Falls, Weyerhaeuser accepted liability, paid all benefits due & owing, disputes as to wage loss, nature & extent of injury, need for future treatment, $96,000 for all claims, stipulated judgment; Garry Seaman for Pieske, Charlie Smith for Weyerhaeuser NR [Read more…]

Insurance, defend/indemnify State for Libby asbestos

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INSURANCE: Insurer correctly held to have breached duty to defend State for injury/death claims resulting from Libby asbestos… rulings that led to $97,833,193.93 judgment against insurer upheld except as to qualifying “occurrences” and coverage for claimants exposed to asbestos prior to policy period… Holly Brown affirmed, reversed. [Read more…]