VERDICT: Defense, former prisoner failed to prove he did not rape fellow inmate despite claimed “exoneration” by Montana Innocence Project, resulting in rejection of claim for certificate of innocence and $733,006 damages and other benefits under wrongful conviction statute. [Read more…]
Indemnification/failure to prosecute
INDEMNIFICATION/FAILURE TO PROSECUTE: Paving contractor entitled to indemnity from subcontractor for damage to vehicles from primer which emulsified in rain, negligence/foreseeability not required… State’s case against insurer improperly dismissed for failure to prosecute for 17 months… Harkin/Townsend reversed. [Read more…]
Termination while in modified position
Petitioner terminated while in modified position entitled to TTD between termination and surgery, no loophole for where worker begins modified duty before receiving TTD, termination for not being a “fit for culture, property, department” too nebulous to constitute “disciplinary reason”… Sandler. [Read more…]
City negligence, walking path skateboarder death
CITY NEGLIGENCE: No duty as to privately owned walking path in subdivision on which skateboarder was killed simply because of proximity to City owned bike path… public duty “detrimental [Read more…]
$8.1 million verdict, oil field invention
VERDICT: $8.1 million, misappropriation of oil field device trade secrets/fraud… Texas Court, Montana Plaintiff’s lawyers. [Read more…]
ERISA, “3 cents on dollar” settlement disapproval
ERISA: Haddon’s disapproval of “3 cents on the dollar” settlement not sufficiently serious for interlocutory appeal since parties free to negotiate settlement more favorable to class. [Read more…]