INSURANCE: Bad faith claims after settlement of asbestosis claims with State rejected based on judicial admissions in settlement proceedings that insurer had reasonable basis for contesting claims and because insurer had reasonable basis to contest coverage… Johnston. [Read more…]
Environment, clean & healthful = stable climate system
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…]
Stay pending appeal, greenhouse gas/climate rulings
STAY PENDING APPEAL denied as to Seeley’s denial of stay from her rulings in favor of youths requiring State agencies to consider greenhouse gas emissions and climate impacts in MEPA analyses… order. [Read more…]
Punitives review, $30 million, vermiculite mill ARD
PUNITIVES REVIEW: $30 million punitives confirmed on top of $6.5 million compensatory damages for insurer’s failure to warn Defendant of ARD risk at Grace’s vermiculite mill in Bellwether Asbestos Court case… Parker. [Read more…]
Zoning, large-scale water bottling plant in ag zone
ZONING: Large-scale water bottling plant properly held to be valid nonconforming use under agriculture zoning regulations… Allison affirmed. [Read more…]
$36,500,000 verdict, insurer’s failure to warn of asbestos
VERDICT: $36,500,000 ($30 million punitives) for insurer’s breach of duty to warn of asbestos hazard at Libby mill. [Read more…]
Special Use Permit, Board of Adjustment appeal
SPECIAL USE PERMIT: 2015 statute granted Commissioners discretion in reviewing BOA determination but abuse of discretion standard of review applies… Commissioners abused discretion by re-weighing the evidence and modifying, reversing, or remanding BOA’s conditions… Manley. [Read more…]
Insurance, safety program duty of care
INSURANCE: Comp insurer with safety program owed duty of care under Restatement of Torts §324(b)-(c) to warn workers of risk of Libby asbestos exposure… summary judgment to worker on duty element of negligence claim against insurer erroneously granted without applying 324A, but correct result for wrong reason… ruling allows 800+ former Grace workers to continue claims against insurer… Eddy affirmed (other grounds, supervisory control). [Read more…]
Logger ARD/OD
Logger timely filed ARD OD claim, ARD was OD for which insurer liable, Claimant entitled to medical/impairment award/PTD/costs but not attorney fees or penalty despite Court’s misgivings… Sandler. [Read more…]
Railroad in limine rulings
RAILROAD IN LIMINE RULINGS… Eddy. [Read more…]