LENDING BREACH: Issues narrowed in appeal of $52,037,593 verdict including punitives cap constitutionality… order. [Read more…]
RFAs, withdraw/amend, new Rule 36(b), legal mal
REQUESTS FOR ADMISSIONS: Request to withdraw or amend under new Rule 36(b) improperly denied as legal malpractice Defendants failed to show prejudice by mere reliance on RFAs for summary judgment (1st impression)… Ulbricht reversed. [Read more…]
Medical malpractice, fistula bleed death, expert
MEDICAL MALPRACTICE: Plaintiffs’ standard of care instruction properly rejected, Defendant’s instruction on “mere fact of injury” properly given… fistula bleeding death defense verdict affirmed… Seeley affirmed. [Read more…]
FELA, cumulative trauma, statute of limitations
FELA: Engineer who knew work was possible cause of injury had duty to investigate, pursue potential claims, failed to make cumulative trauma/repetitive injuries claim within 3-year FELA [Read more…]
Malicious prosecution/abuse of process
MALICIOUS PROSECUTION/ABUSE OF PROCESS: Supervisory control denied as to Fagg’s denial of summary judgment for attorneys in action stemming from assault & battery complaint… order. [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…]
Preliminary injunction, YNP bison transplant
PRELIMINARY INJUNCTION improperly granted against transport of migrating YNP bison to tribes… McKeon reversed. [Read more…]
Appeal amicus request, RR cumulative injuries
APPEAL AMICUS request as to railroad cumulative injuries denied… order. [Read more…]
Defense verdict, med-mal, A/V fistula, death
VERDICT: Defense, med-mal, alleged failure to timely revise A/V fistula leading to bleeding death. [Read more…]
Wrongful occupation, groundwater pollution
WRONGFUL OCCUPATION: MCA 27-1-318 does not prevent pursuit of other claims, but Plaintiffs may not double-recover loss-of-use damages from alleged pollution under wrongful occupation and some other theory such as trespass or nuisance… Molloy. [Read more…]