INSURANCE BAD FAITH: Class certification tentatively granted on claims related to belated approval of specialized surgery for herniated disks… Morris. [Read more…]
Insurance bad faith, specialized herniated disks surgery
INSURANCE BAD FAITH: Rulings on claims related to belated approval of specialized surgery for herniated disks… Morris. [Read more…]
Disability discrimination, $56,860.40, fired diabetic RN
DISABILITY DISCRIMINATION/RETALIATION: $45,685.40 back pay, $11,175 emotional distress and counseling costs, fired diabetic RN… Administrative Decision, Joslyn Hunt. [Read more…]
Insurance, putative subrogation class action
INSURANCE: Letter from subrogation vender properly held not to constitute enforcement of subrogation, but putative class action claim that insurer enforced subrogation in violation of Montana’s made-whole doctrine improperly dismissed as unripe, remanded for opportunity to amend to include additional factual allegations… DeSoto/Watters affirmed, reversed (memorandum). [Read more…]
Trust, creator’s capacity, attorney sanctions
TRUST: Summary judgment properly granted to successor trustee company on trust creator’s incapacity warranting assumption of trusteeship. . . §37-61-421 sanctions improperly awarded against creator’s attorneys where no costs were incurred by Special Master and response to motion was voluntary. . . Larson affirmed, reversed. [Read more…]
$2,375,000 class settlement, residential rentals
SETTLEMENT: $2,375,000, class action, residential rental agreements with allegedly illegal provisions. [Read more…]
Gas, “at the well” rule, royalty claims
GAS: “At the well” rule defeats royalty contract/ fraud claims… Cebull affirmed (unpublished). [Read more…]
ERISA, stem cell transplant, systemic sclerosis
ERISA: Claims Administrator acted legally but perhaps not morally in denying preapproval of stem cell transplant for systemic sclerosis pursuant to Plan’s experimental/investigational exclusion despite claim by doctors that it is medically necessary to prevent death… Molloy. [Read more…]
Class certification, medicals,”made whole”
CLASS CERTIFICATION: Plaintiff’s class definition including both filing and non-filing insureds properly adopted over insurer’s claim that identifying members who never submitted claims not [Read more…]
Judge substitution, attorney/client adverse interests
JUDGE SUBSTITUTION: Interests of property sellers and attorney sufficiently adverse for separate substitution motions despite substitution in separate suit by competing buyer… Cybulski reversed (IOR I-3(d)). [Read more…]