ENVIRONMENT: Constitution’s clean & healthful environment properly found to include stable climate system, invalidates MEPA review limitation… 16 children had standing to bring challenge… psychiatric exams of 8 children properly denied… Seeley affirmed. [Read more…]
Medical records charges, “reasonable fees” class action
MEDICAL RECORDS CHARGES: Putative class action alleging overcharges for copies of medical records properly dismissed… Molloy affirmed. [Read more…]
Medical records charges, “reasonable fees” class action
MEDICAL RECORDS CHARGES: Putative class action alleging overcharges for copies of medical records properly dismissed… Molloy affirmed. [Read more…]
Insurance, “sudden” water damage to RV wall
INSURANCE: Water damage to RV wall constitutes covered “sudden damage” under policy language… Vannatta reversed. [Read more…]
Article III standing, wrongfully withheld sales tax
ARTICLE III STANDING lacking in class suit against multi-level marketer who over-refunded wrongfully withheld sales tax before Plaintiff sued… DeSoto/Morris. [Read more…]
Medical records charges, class action
MEDICAL RECORDS CHARGES: Montana limits applicable to paper copies requested by patients, not their attorneys, and not to electronic records… putative class action alleging overcharges dismissed… Molloy. [Read more…]
Personal jurisdiction, Penn. insurer, Montana hotels
PERSONAL JURISDICTION properly found over Pennsylvania insurer that refused to defend/indemnify Ohio hotel management company and Montana hotels in hotel employees’ service charge class action which settled for $4,031,519… contested appealability of denial of motion to dismiss for lack of personal jurisdiction resolved by deeming it a petition for supervisory control… Vannatta affirmed. [Read more…]
Insurance, no Ridley exception when other insurer pays
INSURANCE: Request for declaration that insurer’s advance pay obligations only apply to medical bills not paid by another insurer or source denied. . . allowing exception to Ridley would diminish purpose of the rule by making it more complicated for innocent party to recover what is owed. . . McElyea. [Read more…]
Restoration damages, CERCLA preemption
RESTORATION DAMAGES: Bidegaray’s order denying summary judgment for ARCO on Property Owners’ restoration damages claim related to the Anaconda Smelter Superfund site as barred by CERCLA and granting summary judgment for Property Owners on ARCO’s CERCLA preemption defenses affirmed on petition for supervisory control… opinion & order. [Read more…]
Consent judgment, judge harassment of reporter
CONSENT JUDGMENT: State not obligated to defend/indemnify Judge accused of sexual harassment of court reporter or pay unconsented $744,371 settlement… reporter may pursue HRA claim… Sherlock affirmed. [Read more…]