Montana Law Week

The Weekly Digest of Montana Law

12(b)(6) dismissal with v. without prejudice

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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…]

Insurance, UTPA/UIM, no injury from MVA

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INSURANCE: UTPA/UIM claims properly disposed of by jury finding no injury from MVA over claims of unfair trial due to exclusion of claims file, denial of bifurcation, refusal to excuse panelist for cause, Judge asking jurors if they wanted to hear any more about witness’s qualifications, cumulative error… Menahan affirmed (memorandum). [Read more…]

Personal jurisdiction, Ford tire failure fatality

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PERSONAL JURISDICTION properly exercised over Ford in fatal rollover from tire failure in Montana… Best/Montana Supreme Court affirmed on cert. [Read more…]

Personal jurisdiction, tire failure, “stream of commerce plus”

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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…]