Montana Law Week

The Weekly Digest of Montana Law

Settlements

By

Plan I

Alissa Militello, right shoulder 4/23, Target, Kalispell, disputes as to wage loss, nature & extent of injuries, need for future treatment, $12,500 for all claims, stipulated judgment; Kraig Moore for Militello, Charlie Smith for Target [Read more…]

Duplicative claims, res judicata v. claim-splitting

By

DUPLICATIVE CLAIMS: Order denying oncologist leave to amend wrongful termination complaint was not a final judgment for purposes of res judicata, but second suit restating claims still properly dismissed based on prohibition against claim-splitting… Seeley affirmed (other grounds). [Read more…]

Easement, equitable easement, de minimis encroachment

By

EASEMENT: Montana law does not recognize equitable easement… encroachment must be cured by removing fence and gate from neighbor’s property and placing them at the actual line but house is de minimis encroachment and need not be moved… additional Water Well Agreement restrictions were reasonable considering the parties’ animosity… Eddy reversed, affirmed. [Read more…]