VERDICT: Defense, motorcycle crash into U-turning truck. [Read more…]
Jurisdiction, no CAFA amount-in-controversy jurisdiction
JURISDICTION: GEICO failed to show the amount in controversy necessary to establish jurisdiction under either CAFA or traditional diversity jurisdiction, may present additional evidence and assumptions on remand… Morris reversed (memorandum). [Read more…]
Class action, CAFA $5 million jurisdiction amount
CLASS ACTION: Summary judgment for insurer in class action alleging failure to advance pay medical and wages vacated and remanded for whether CAFA’s $5 million jurisdiction amount is satisfied, a question raised sua sponte by the Panel… DeSoto/Morris reversed. [Read more…]
Insurance, med-pay advance absent explicit request
INSURANCE: Insurer had no obligation under UTPA to advance-pay 3rd-party medical bills absent explicit request, demand, or claim, also had reasonable basis for not making advance payments… common law bad faith claim time-barred… DeSoto’s 56(a) ruling not precluded by Lynch’s prior 12(b)(6) ruling… DeSoto/Morris. [Read more…]
Venue, PR of MVA rollover decedent against Ford
VENUE of suit by PR of MVA rollover decedent against Ford Motor proper in PR’s county… Best affirmed. [Read more…]
Personal jurisdiction, tire failure, “stream of commerce plus”
PERSONAL JURISDICTION properly exercised over Ford under “stream of commerce plus” theory as to design defect, failure to warn, negligence claims when fatal rollover from tire failure occurred in Montana but vehicle was not designed, manufactured, or first sold by Ford in Montana… Best affirmed on supervisory control (to “clarify” jurisdiction issue). [Read more…]
Jurisdiction/venue, Ford tire “detreading” death
JURISDICTION/VENUE: Ford has requisite “minimal contacts” with Montana for specific personal jurisdiction over tire “detreading” suit stemming from Ford Explorer crash death even though car was initially sold to Washington dealer. . . Cascade (where PR resides) is a proper venue over Defendants’ advocacy of Missoula (Ford’s registered place of business), Mineral (where the wreck occurred), or Sanders (where many of the witnesses live). . . Best. [Read more…]
Insurance, MVA independent UTPA claims after settle
INSURANCE: MVA Plaintiff sufficiently pled independent UTPA claims following settlement of underlying case to survive 12(b)(6) motion. . . applicability of collateral source reduction statutes more appropriate for summary judgment. . . Gilbert reversed. [Read more…]
Class certification, health plan substance abuse
CLASS CERTIFICATION of 37 health plan members who were denied substance abuse treatment denied under Rule 23(b)(2) for failure to identify ongoing conduct… leave granted to seek certification under 23(b)(3) although commonality may prove fatal on the merits… Morris. [Read more…]
Insurance, bad faith/class action, collateral
INSURANCE: Bad faith, class action claims stemming from collateral source challenge properly dismissed… Haddon affirmed (unpublished). [Read more…]