NEW TRIAL properly ordered on finding kidnapped estranged wife entitled to more than $20,000 jury award… ranch properly dismissed for lack of ratification of employee’s actions… Marks affirmed. [Read more…]
New trial of $20,000 verdict for estranged wife kidnap
NEW TRIAL granted following $20,000 verdict for kidnap of estranged wife as she established at least $20,000 in past medicals and also that she was entitled to some compensation related to at least one other category, pain & suffering… Marks. [Read more…]
$20,000 verdict, kidnap of estranged wife
VERDICT: $20,000, kidnap of estranged wife, no liability by ranch corporation. [Read more…]
Subdivision, inverse condemnation, floodplain culverts
SUBDIVISION: Inverse condemnation and other claims related to MDT’s failure to install larger culverts during road reconstruction resulting in subdivision in 100-year floodplain having to construct large detention pond properly rejected on summary judgment… Berger affirmed. [Read more…]
Insurance, defend/indemnify State for Libby asbestos
INSURANCE: Insurer correctly held to have breached duty to defend State for injury/death claims resulting from Libby asbestos… rulings that led to $97,833,193.93 judgment against insurer upheld except as to qualifying “occurrences” and coverage for claimants exposed to asbestos prior to policy period… Holly Brown affirmed, reversed. [Read more…]
Legislative subpoena, preliminary injunction for Rice
LEGISLATIVE SUBPOENA: Legislature preliminarily enjoined from subpoenaing Justice Rice for documents related to MJA SB 140 poll… request for stay for negotiations with Rice denied as Court would have to be “blind” not to see what “all others can seen and understand” that subpoena is a clash between branches over records of intense legislative political interest… McMahon. [Read more…]
Failure to prosecute 2007 horse injury suit
FAILURE TO PROSECUTE: 2007 horse injury suit properly dismissed for inaction… Menahan affirmed (memorandum). [Read more…]
Work comp, 3% fire costs fee challenge not justiciable
WORK COMP policyholders’ challenge to 3% fee to offset state fire costs not justiciable after scheme’s termination… proposed claims against MSF and BOI members properly denied based on immunity… Larson affirmed. [Read more…]
Defense verdict, rear-end MVA, knee
VERDICT: Defense, rear-end MVA, admitted negligence not cause of knee injury. [Read more…]
COPP, term expiration, 1/1/17 v. 6/10/19, 2
COPP: Motl’s term expired 1/1/17 per appointment and confirmation, not 6/10/19 (6 years after appointment), but Motl remains until successor is appointed and qualified… supervisory control order. [Read more…]