RULE 1927 SANCTIONS of $158,448.11 properly imposed on church’s General Counsel for affidavit in sex abuse cases… Watters affirmed. [Read more…]
Rehearing denied, defective foam spray insulation
REHEARING denied as to Order holding that Cuffe improperly found jurisdiction over Arizona manufacturer of allegedly defective spray foam insulation applied to Montana home… Order. [Read more…]
Personal jurisdiction, Arizona spray foam manufacturer
PERSONAL JURISDICTION improperly found over Arizona manufacturer of allegedly defective spray foam insulation applied to Montana home… Cuffe reversed on supervisory control (Opinion & Order). [Read more…]
Probate, will challenge defense verdict affirmed
PROBATE: Will challenge defense verdict affirmed over claims of juror misconduct… $428,659 attorney fees properly awarded Estate, $86.931.50 improperly awarded wife of heir for participation to defend her own interests… interest rate on fees improperly required to be recalculated each year… Gilbert affirmed, reversed. [Read more…]
Defense verdict, will contest, interest in family ranch
VERDICT: Defense, will contest, ownership interest in family ranch LLC. [Read more…]
$466,000 verdict, rotten logs in log home
VERDICT: $466,000 (40% against previous owners, 60% against inspector), rotten logs in log home. [Read more…]
Post-judgment interest, $5 million liquor store settlement
POST-JUDGMENT INTEREST on $5 million settlement judgment in State liquor store breach of contract claim should be awarded pursuant to Montana law as stipulated, not federal law as determined by Judge, and at 10% as contended Plaintiff, not 0% as contended by State… Haddon reversed (memorandum). [Read more…]
Negligence, home inspector standard-of-care expert
NEGLIGENCE: 3rd-party claim against home inspector dismissed for failure to retain standard-of-care expert… Eddy. [Read more…]
Mobile home contract, declaratory judgment
MOBILE HOME CONTRACT: No private right of action under 2007 RISA, but purchaser entitled to declaratory judgment as to rights & obligations under Installment Sales Contract… Moses affirmed, reversed. [Read more…]
Mobile home sale, default, notice, surplus
MOBILE HOME SALE: Sale of defaulted home without notice of how sellers intended to dispose of it and accounting for surplus violated UCC, summary judgment for buyers improperly denied on grounds that Art. 9 no longer applied to Agreement after buyers vacated, resulting in verdict that Agreement terminated when buyers moved out… sellers may assert equitable estoppel but summary judgment on estoppel improper… Souza reversed. [Read more…]