Montana Law Week

The Weekly Digest of Montana Law

$2,998.962.51, usurious merchant cash advance financing

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AVOIDANCE CLAIMS involving preference & usury claims arising from merchant cash advance financing of restaurants resolved in favor of Trustee… Trustee entitled to recover money in segregated account plus attorney fees for total judgment of $2,998,962.51 subject to conditional reduction of any imputed interest included in preference judgment… Holt. [Read more…]

Settlements

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Plan I

JoAnn Peters, knees, 11/19, housekeeper, St. John’s United Lutheran Ministries, Billings, MHN denied liability asserting that condition is not result of occupational exposure and did not occur in course & scope of employment, $54,000 new money for all claims, stipulated judgment; Leanora Overturf for Peters, Adrianna Potts for MHN [Read more…]

ERISA, disabled Medical Education Specialist

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ERISA: Former clinic Medical Education Specialist proved that she was totally disabled and entitled to benefits for 24-months ending 3/29/20, denial applied wrong definition of “Total Disability and Totally Disabled,” Claimant was unable to perform one or more material & substantial duties of her Regular Occupation, denial based on subjective evidence combined with perceived lack of objective evidence contrary to case law… Claimant awarded attorney fees, costs, prejudgment interest, remanded for determination of whether she met policy’s “any occupation” definition of “total disability” after 3/29/20… “paper bench trial”… Watters. [Read more…]