PRISONERS: Orders by Best for DOC to immediately transfer 8 defendants from jail to MSP and MWP vacated on supervisory control… order. [Read more…]
Attorney fees, $3 million consent judgment
ATTORNEY FEES: Attorneys entitled to fees based on what client, as assignee of insurer in $3 million “tough love” suicide consent judgment, would have been able to recover for time & expenses [Read more…]
Insurance, “tough love” suicide, “arising out of,”
INSURANCE: Only “false conflict” between Utah and Montana law as to “arising out of” in context of duty to defend, Montana law applied to CGL/umbrella policies covering Utah entity that provided services to Montana residential youth program… [Read more…]
Wages/wrongful discharge, $900,010 verdict/fees
WAGES/WRONGFUL DISCHARGE: Extra-duty time not “wages,” overtime/vacation improperly submitted to jury as 180-day limitations period applies to both wages and penalty, $367,750.51 fees/costs for nonsegrable wage claims also reversed… liability of president improperly submitted to jury… mention of amount of [Read more…]
Settled party defense, constitutionality
SETTLED PARTY DEFENSE: Supervisory control denied as to Pinski’s denial of constitutional challenge to 27-1-703… order. [Read more…]
Insurance, “tough love” school suicide
INSURANCE: CGL/excess insurers had duty to defend “tough love” school against teen suicide claims, liable for $3 million consent judgment plus $568,767 interest… $1,188,399 fees improperly awarded based on judgment and contingency in underlying case, remanded for recalculation on [Read more…]
Contempt, $72,045 fees/costs, reconstructed time
CONTEMPT: Claim for fees properly supported by reconstructed time records… fees properly allocated among 3 contemnors, but $6,637.50 fees for fees improperly awarded, leaving [Read more…]
$300,000 punitives review
PUNITIVES REVIEW: $300,000 punitives for farm cooperative education director following $232,439.40 compensatory damages verdict on wage/wrongful discharge claims affirmed… Defendant waived opportunity to present net [Read more…]
$348,613 attorney fees, nonsegregable wage claims
ATTORNEY FEES: $348,612.50 fees, $18,958.01 costs awarded as claimed for pursuit of nonsegregable wage claims following $532,439.40 verdict on wage/wrongful discharge claims… McKittrick. [Read more…]
$532,000 verdict, wages/constructive discharge
VERDICT: $532,000, wages/constructive discharge, farm cooperative education director. [Read more…]