DISCOVERY: Supervisory control of Bidegaray denied on liability/causation sanctions default in bad faith case following $1.7 million FELA verdict… Court declines to revisit FELA preemption issue… order. [Read more…]
Discovery, default on liability, RR discovery abuse
DISCOVERY: Default on liability & causation granted against RR in bad faith case for discovery abuses, with trial to proceed on damages including punitives. . . Bidegaray. [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…]
Product liability, Mazda passive seat belt
PRODUCT LIABILITY: Parameters set/proposed for retrial of Mazda passive seat belt case following reversal of defense verdict. . . Molloy. [Read more…]
Attorney disqualification, FELA bad faith
ATTORNEY DISQUALIFICATION: Supervisory control of Bidegaray to disqualify FELA Plaintiff’s attorneys in bad faith suit following $1.7 million judgment denied (order). [Read more…]
$10,000 verdict, MVA, forced insurance agency sale
VERDICT: $10,000 for pain & suffering, admitted negligence MVA, claimed multiple injuries including MTBI resulting in forced sale of insurance agency. [Read more…]
Insurance, cosmetics students’ emotional distress
INSURANCE: Summary dismissal reversed in light of Fisher Builders as to coverage under CGL policy for cosmetics students’ emotional distress from boorish behavior by instructors and expulsion after filing complaints… $4 million consent judgment… wrongful eviction claim properly rejected… Christensen affirmed, reversed (unpublished). [Read more…]
Product liability, Mazda seat belt defense verdict
PRODUCT LIABILITY: Mazda passive seat belt defense verdict reversed based on improper foreseeable misuse instruction and precluded foreseeability evidence… Christensen affirmed, reversed (unpublished). [Read more…]
Bifurcation, UIM/bad faith, questioned hit & run
BIFURCATION: Plaintiff’s request for single trial of questioned hit & run UIM claim and bad faith claim properly denied, but seriatim trials to be before same jury, not separate juries as ordered by Menahan… supervisory control order. [Read more…]
Insurance, cosmetics students’ bodily injuries
INSURANCE: No coverage under CGL policy for cosmetics students’ bodily injuries (physical manifestations of emotional distress) from boorish behavior by instructors and expulsion after filing complaints because they stem from purposeful acts… insurer previously held not bound by $4 million consent judgment entered after it accepted defense under reservation… Christensen. [Read more…]