Montana Law Week

The Weekly Digest of Montana Law

Rollover death, Explorer Safety Canopy System

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ROLLOVER DEATH: Default for late disclosure of Explorer rollovers properly denied… other incidents properly excluded for lack of similarity… Safety Canopy standardization properly excluded, no improper “consumer choice” defense… no [Read more…]

Attorney fees, wrongful premium retention

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ATTORNEY FEES in wrongful premium retention class action settlement reduced from $1,650,408 to $692,881 in light of further analysis of settlement value, not on basis of 60(b)(2) new evidence, but on basis of 60(b)(6) extraordinary circumstances and agreement that fees shall be determined by the Court… Molloy. [Read more…]

Venue, in-state/out-of-state defendants

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VENUE improperly changed from Plaintiff’s county to Montana Defendant’s under Nelson and §25-2-122(2) where co-Defendant is out-of-state corporation… Defendant-Appellee’s argument that application of venue statutes infringes equal protection considered despite no AG [Read more…]

Attorney fees, insurance class settlement

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ATTORNEY FEES/CLASS SETTLEMENT: $1,650,408 fees awarded based on 25% contingency in settlement of wrongful premium retention class action valued at $6,601,633 (constructive common fund) which Plaintiffs contend is minimum payout and Defendant contends is maximum… $300,000 lodestar urged by Defendant rejected as windfall… [Read more…]