INSURANCE: Work-product protection of claims file not “triggered” by retention of lawyer or letter requesting copies of medical report/payments and inquiring why insured had not received certain payments… surveillance documents also discoverable… Lynch. [Read more…]
FDCPA, collector law firm, time-barred suit
DEBT COLLECTION: Collector law firm violated FDCPA by requesting fees to which it was not entitled… firm’s collection activities within scope of UTPA/CPA… fact issues preclude summary judgment for firm as to malicious prosecution, abuse of process claims… requests for admission violated FDCPA… summary judgment that firm violated FDCPA and [Read more…]
UEF reimbursement, non-primary contractor
UEF not entitled to reimbursement from non-primary contractor, nor under “equitable” theory… Shea.
H&D contracted with Enzo Const. for condo work. One of Enzo’s employees [Read more…]
Settlements
Plan I
Dorothy Peschon, knee, 8/05, $22,000, Kim Schulke
No lawyer: Shane Gray, low back, 08, $30,000 [Read more…]
CPA/Lemon Law, defective motor home, verdict
CPA/LEMON LAW: JNOV properly denied as to notice, venue, statute of limitations, express warranty issues as to Lemon Law, CPA, warranty claims as to motorhome swaying problem… doubling $84,000 damages under CPA remedial not punitive… appeal fees in addition to $53,382 [Read more…]
Nuisance, spite fence, yard lights, verdict
NUISANCE/SPITE FENCE: Instruction that fence not nuisance merely because unsightly or obstructs view improperly limited nuisance under Montana law… declaratory judgment that fence was spite fence properly denied, fact issues properly tried… code violations properly excluded… [Read more…]
Corporate taxes, transactional/functional test
CORPORATE TAXES: §15-31-302(1) contains both transactional and functional test for determining business income… Sherlock affirmed.
GANSAT, a 1st-tier subsidiary of Gannett Group, publishes the Great Falls [Read more…]
Res judicata, plugged oil/gas wells
RES JUDICATA: Claim for damages for plugged oil/gas wells barred by res judicata, pre-trial order, prior trials/appeals… McKinnon affirmed.
Somont Oil sued in 1998 to quiet its leasehold in 28 oil & gas leases in the [Read more…]
Jurisdiction, personal, untimely motion
JURISDICTION (personal) waived by failure to file motion within established time frame… Phillips affirmed.
Daniel and Pamela Smith married in Roundup in 1981 and moved to Georgia in 1991. They divorced in Georgia in 2003 and Pamela returned to Montana [Read more…]
Attorney fees, appeal, rehearing
ATTORNEY FEES: Appeal fees granted borrowers in loan deficiency case… order on rehearing. [Read more…]
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