ADOPTION: Attorney owed no duty to Plaintiffs as non-clients in adversarial interstate adoption… claims against DPHHS properly dismissed based on collateral estoppel as to Utah’s approval of adoption… Menahan affirmed. [Read more…]
Age/sex discrimination, art teacher applicant
AGE/SEX DISCRIMINATION claims by art teacher applicant rejected on summary judgment… Dayton. [Read more…]
Right to know/participate, Title Bureau relocation
RIGHT TO KNOW/PARTICIPATE: Appeal of Dayton’s judgment rejecting challenges to Title Bureau move from Deer Lodge to Helena dismissed as moot since relocation completed and Plaintiffs failed to seek stay. [Read more…]
Child support, estate’s obligation, fraud/emotional
CHILD SUPPORT: Ex-wife may not recover distress damages arising from new wife’s alleged fraudulent transfers to avoid husband’s estate’s obligation to pay support… support for 1 child properly terminated upon graduation per parenting plan, estate obligated to [Read more…]
Open meetings/participation, school subcommittee
OPEN MEETINGS/PARTICIPATION: Summary judgment for newspaper improperly granted on disputed facts including whether 4th School Board member’s presence in audience of budget subcommittee transformed subcommittee into un-noticed quorum of full Board to decide salary of principal [Read more…]
Education services discrimination, $150,000 distress
EDUCATIONAL SERVICES DISCRIMINATION: Emotional distress inflicted by placing back of developmentally disabled child’s head under running water merits $150,000 emotional distress damages, not $2 million requested… order on remand from HRC following 0 award… Gregory [Read more…]
Insurance/class, 2001 UM settlement, stacking
INSURANCE/CLASS ACTION: Hardy not applied to 2001 UM settlement to permit stacking claims… [Read more…]
Insurance, failure to stack UM/UIM, enrichment
INSURANCE: Insured daughter lacks standing for class certification of unjust enrichment claims based on failure to stack [Read more…]
Negligence, student vehicle attack of jogger
NEGLIGENCE: Not foreseeable to school that student who wrote “black humor” paper would deliberately run over jogger 17 months later intending necrophilia… not necessary to address custody/control relationship vis-à-vis misfeasance… Macek affirmed (other grounds). [Read more…]
Petroleum release, statute of limitations
PETROLEUM RELEASE: All but 1 leak reimbursement claim barred by 8-year statute… McCarter. [Read more…]