INSURANCE: Because Auto Policy did not cover off-road UTV, denial of defense was justified… Watters reversed (memorandum). [Read more…]
Gender dysphoria, SB 99 preliminary injunction
GENDER DYSPHORIA: Preliminary injunction enjoining SB 99 which proscribes medications & surgery to treat gender dysphoria in minors affirmed on right of privacy… Marks affirmed. [Read more…]
Appellate procedure, interpled insurance funds
APPELLATE PROCEDURE: Appeal of order by Linneweber directing deposit of interpled insurance funds and making insurers responsible for certain payments premature… order. [Read more…]
Order of protection, improperly issued on hearsay
ORDER OF PROTECTION: POP improperly issued based on hearsay… Kolar/Fehr reversed. [Read more…]
Insurance, UTV crash, $1.6 million consent judgment
INSURANCE: Insurer failed to unequivocally demonstrate that UTV was not designed for operation principally on public roads and could never be a Covered Auto, now liable for $1.6 million consent judgment plus interest and attorney fees for failure to defend rollover injury claim rather than only $25,000 policy limit it would have risked had it filed declaratory action… Watters. [Read more…]
Defense verdict, transient death in garbage truck hopper
VERDICT: Defense, death of transient crushed in garbage truck hopper. [Read more…]
Foreign adoption, duty of care for “tortured” child
FOREIGN ADOPTION: Delaware/Illinois adoption agency had duty of care for Chinese child placed in Montana… Montana has personal jurisdiction over agency in suit alleging torture by Ranch for Kids… Morris. [Read more…]
Judicial appointments, SB 140 appointments by Governor
JUDICIAL APPOINTMENTS: SB 140 direct appointment by Governor does not violate Art. VII §8(2)… original proceeding. [Read more…]
Child UTV death, parental responsibility, apportionment
WRONGFUL DEATH: Fact issues preclude summary judgment on liability of ranch Defendants in child UTV death despite Defendants waving banner of parental responsibility and urging decision solely on that principle… summary judgment on liability of parents is granted to extent that they have acknowledged negligence and cause of death, liability to be apportioned among responsible parties… Gilbert. [Read more…]
Defense verdict, 8th-amendment TMJ surgery claim
VERDICT: Defense, 8th-Amendment claim of deliberate indifference towards prisoner’s need for TMJ surgery. [Read more…]