ERISA: Putative class action by ski accident claimant properly dismissed because conduct occurred before No Surprises Act went into effect… Christensen affirmed (memorandum). [Read more…]
Uniform Public Expression Freedom Act
UNIFORM PUBLIC EXPRESSION FREEDOM ACT: Malicious prosecution and abuse of process claims arising from sexual assault allegations asserted during prior negligence litigation stemming from MVA fall within the scope of activities protected by UPERA, Plaintiff failed to state viable claims for either… Molloy. [Read more…]
§1983, youth in need of care
§1983 claims relating to finding youth in need of care properly found barred by collateral estoppel… Watters affirmed (memorandum). [Read more…]
Exercise machine negligence, failure to produce expert
EXERCISE MACHINE NEGLIGENCE properly dismissed for failure to produce a proper expert on the standard for preventing a cable failure… Seeley affirmed. [Read more…]
Supervisory control, rulings would increase complexity
SUPERVISORY CONTROL based on claim that Vannatta’s rulings will increase complexity of inherently dangerous falling bundle of posts case denied… Order. [Read more…]
Surprise medical billing, ERISA
SURPRISE BILLING claims under ERISA relating to “in-network” and “out-of-network” services for ski accident Plaintiff rejected on summary judgment… Christensen. [Read more…]
Collateral estoppel, transgender youth in need of care
COLLATERAL ESTOPPEL: State Court adjudication of transgender as youth in need of care was final judgment on the merits constituting estoppel of §1983 suit against child protection specialists involved in removal to father’s ex-wife… Watters. [Read more…]
Insurance, residential construction policy insureds
INSURANCE: Because no named Defendant is an insured under residential construction policy involving convoluted business entities there is no coverage and insurer has no duty to defend against claim by trucker injured by falling bundle of posts… Vannatta. [Read more…]
Legal malpractice, bootstrap to class settlement
LEGAL MALPRACTICE: Attempt to bootstrap malpractice claim by Ohio hotel corporation which manages Hiltons in Montana against Philadelphia insurer’s San Francisco adjusters into Montana via $4,031,519 class settlement with Montana hotels properly rejected for lack of specific personal jurisdiction…Vannatta affirmed. [Read more…]
Failure to prosecute $5,157,580 default judgment
FAILURE TO PROSECUTE: Dismissal of $5,157,580.10 default judgment case after “nine years of madness” affirmed… Allison affirmed (memorandum). [Read more…]
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