WORK COMP BAD FAITH/CLASS CERTIFICATION: Malice/punitives claims not fact intensive as to individual class members (unlike fraud claims), properly included in class action… class properly defined… Krueger affirmed. [Read more…]
Race/religion/government services, sweat lodge
RACE/RELIGION/GOVERNMENT SERVICES: Claims relating to prisoner sweat lodge ceremonies rejected… HRB affirmed… (HRC order). [Read more…]
Venue, witness convenience, interlocutory appeal
VENUE: Curtis’s transfer from Flathead to L&C under §25-2-201(3) not subject to interlocutory challenge. [Read more…]
Work comp/procedure, exclusivity, discovery
WORK COMP/PROCEDURE: Exclusivity claim improperly dismissed under 12(b)(6) without opportunity for discovery to establish intentional conduct… 39-71-413 constitutional [Read more…]
Appeal, request to expedite, comp bad faith
APPEAL: Expedited processing denied for interlocutory appeal of Krueger’s class action certification of long-standing work comp common law bad faith/fiduciary claims against MPC, NWE, adjuster… order. [Read more…]
Venue, no rationale for change order
VENUE change order by Curtis cannot be reviewed without rationale… order. [Read more…]
UM/UIM/med-pay class action settlement
SETTLEMENT: UM/UIM/med-pay class action against Nationwide Companies, 100% of stacked benefits, 10% interest, attorney fees. [Read more…]
Work comp, truck CO, cognitive
WORK COMP: Claimant’s expert as to cognitive effects of truck CO properly relied on… Daubert challenge waived by failure to request hearing…. remanded for determination of indemnity time period… Shea affirmed. [Read more…]
Work comp, wages from sole proprietorship
WORK COMP: Late-filed challenge of constitutionality of §39-71-701(7) properly denied… Claimant received wages from sole proprietorship, properly ordered to repay $45,273 TTD… Shea affirmed (IOR I-3(d)(v)). [Read more…]
Attorney withdrawal, bankruptcy stipulation
ATTORNEY WITHDRAWAL: MPC/NWE counsel may transition out of representation over objection by work comp claimants in unique bankruptcy stipulation situation… supervisory control of Krueger granted… order. [Read more…]