CLASS ACTION: Preliminary injunction granted prohibiting Boyne from terminating Rental Management Agreements with named Plaintiff condo owners as alleged tactic to intimidate others into opting out… Morris. [Read more…]
Mootness, rental management class action order
MOOTNESS: Appeal in rental management class action as to extension of termination mooted by expiration of order and clarification by Morris (memorandum). [Read more…]
Landfill nuisance, County road through ranch
LANDFILL NUISANCE claims against landfill owner and County relating to road through ranch properly rejected on summary judgment… Harada affirmed (memorandum). [Read more…]
Class action, unit owners of condo-hotels
CLASS ACTION certified for claims by unit owners of condo-hotels as to rental management contracts with owner… Morris. [Read more…]
Restrictive covenants, barriers to building
RESTRICTIVE COVENANTS: Myriad claims stemming from challenge to barriers to building in subdivision properly dismissed… DeSoto/Morris affirmed (memorandum). [Read more…]
Windfarms, judicial review of PSC orders
WIND FARMS: Judicial review rulings on PSC orders affirmed and reversed… Menahan affirmed, reversed. [Read more…]
Discovery, computation of claimed damages
DISCOVERY: Wrongful discharge Plaintiff required to provide complete computation of damages requested, tax returns under protective order, information relating to his business… Defendant awarded full $5,555.50 fee request… Molloy. [Read more…]
Insurance, $12 million confessed judgment, collusion
INSURANCE: Confessed judgment of $12 million ($17 million with interest at 12%) against insurer that refused to defend properly found unreasonable and product of collusion between real estate developer’s 2 entities engaged in construction of his luxury home on Flathead Lake island, but collusion so egregious that proper remedy is dismissal in entirety rather than reduction to “reasonable amount” of $2,432,010… $925,619.87 attorney fees & costs improperly awarded under “inherent powers,” but awardable under UDJA… Eddy affirmed, reversed. [Read more…]
Appellate procedure, overlength brief
APPELLATE PROCEDURE: Appellee in house construction/insurance dispute granted overlength brief to 15,000 words. . . order. [Read more…]
Attorney fees/costs, $925,619.87, collusive judgment
ATTORNEY FEES: Requested $781,751.90 fees and $143,867.97 costs awarded insurer’s attorneys who got $17 million confessed judgment for refusal to defend overlapping entity in construction dispute reduced to $2,432,010 in remanded reasonableness hearing which found unreasonableness and collusion… Eddy. [Read more…]