INSURANCE: Actions of driver who drove into parked camp trailer and fired rifle shots at it excluded under criminal act exclusions of home and auto policies and intentional act exclusion of auto policy… Christensen. [Read more…]
Oncologist termination, HCQIA immunity
ONCOLOGIST TERMINATION: Health Care Quality Improvement Act properly held to immunize hospital and physicians from damages arising out of peer review of suspended oncologist… Menahan affirmed. [Read more…]
Legal malpractice, bootstrap to class settlement
LEGAL MALPRACTICE: Attempt to bootstrap malpractice claim by Ohio hotel corporation which manages Hiltons in Montana against Philadelphia insurer’s San Francisco adjusters into Montana via $4,031,519 class settlement with Montana hotels properly rejected for lack of specific personal jurisdiction…Vannatta affirmed. [Read more…]
Duplicative claims, res judicata v. claim-splitting
DUPLICATIVE CLAIMS: Order denying oncologist leave to amend wrongful termination complaint was not a final judgment for purposes of res judicata, but second suit restating claims still properly dismissed based on prohibition against claim-splitting… Seeley affirmed (other grounds). [Read more…]
12(b)(6) dismissal with v. without prejudice
12(b)(6) DISMISSAL: MVA Plaintiffs’ claim that medical providers charged impermissible rates failed to demonstrate “concrete” harm and thus Article III standing, but should have been dismissed without prejudice to allow amendment… Morris affirmed, reversed (memorandum). [Read more…]
CCJI, Legislator speeding obstruction conviction
CCJI: Legislator objecting to release of information related to obstruction conviction stemming from speeding stop had adequate notice of County’s request for declaratory judgment, information properly disseminated to newspaper with parameters without further briefing… Seeley affirmed. [Read more…]
Insurance, surreptitious shower recording of minor
INSURANCE: Coverage of surreptitious shower recording of minor excluded “sexual misconduct,” insurer had no duty to defend against civil claims resulting in $500,000 consent judgment… Fehr affirmed. [Read more…]
Employment discrimination, statute of limitations
EMPLOYMENT DISCRIMINATION: Dismissal based on statute of limitations vacated, remanded for further consideration of whether Title VII, ADA, §1981 claims are timely… Morris reversed (memorandum). [Read more…]
Discovery, computation of claimed damages
DISCOVERY: Wrongful discharge Plaintiff required to provide complete computation of damages requested, tax returns under protective order, information relating to his business… Defendant awarded full $5,555.50 fee request… Molloy. [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…]
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