SUPERVISORY CONTROL granted requiring action on probate petition after 5 orders by Standing Master Beatty imposing her extra-statutory ideas of notice to heirs… Order. [Read more…]
Irrigation ditch easement, ditch company’s rights
IRRIGATION DITCH EASEMENT: Irrigator properly found to have unreasonably interfered with ditch company’s easement rights… Spaulding affirmed. [Read more…]
Oil & gas leases, sage-grouse habitat
OIL & GAS LEASES: Judgments as to BLM policies governing lease sales on protected sage-grouse habitat affirmed and reversed… Morris affirmed, Patricco reversed, affirmed. [Read more…]
University, Covid tuition/fees reimbursement
UNIVERSITY: Class action for reimbursement of tuition and fees after MSU transitioned to online learning due to Covid properly dismissed… McMahon affirmed (other grounds). [Read more…]
Minerals, forced pooling, successor to non-participant
MINERALS: Producer entitled to forced pooling of interests acquired by successor to non-participating owner as well as risk penalties… Davies affirmed. [Read more…]
$8 million settlement, $2 million fees, medical insurance
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…]
$8 million settlement, short-term medical, class action
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 amount below what was promised in the policies… settlement preliminarily approved by Watters with final approval hearing set… Class Representative’s individual non-class claims settled for $900,000 new money in addition to $75,000 paid during litigation. [Read more…]
Class action, short-term medical insurance
CLASS ACTION certified in short-term medical insurance case alleging use of Data iSight software to discount medical charges to an amount below what was promised in the policies… Cavan/Watters.
Magistrate Cavan. [Read more…]
Attorney withdrawal, opposing counsel notice
ATTORNEY WITHDRAWAL: No error in proceeding with divorce trial without requiring husband’s lawyer to provide §37-61-405/Rule 10 notice where wife’s conduct required her attorney’s withdrawal… Harris affirmed (IOR I-3(c)). [Read more…]
Prisoners, “horrific treatment” of MSP mentally ill
PRISONERS: Claims of “horrific treatment” of mentally ill MSP inmates improperly dismissed for failure to state claim under 8th Amendment and §1983… refusal to revisit ruling when advised that it was based on the wrong case requires reassignment to different judge on remand… Haddon reversed. [Read more…]