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…]
Probate, new wife’s claims, untimely “codicil”
PROBATE: New wife failed to carry burden to modify formal testacy order which failed to give effect to untimely “2nd codicil”… McElyea affirmed. [Read more…]
Judgment on verdict, contract dispute
JUDGMENT ON VERDICT: Judge improperly went beyond contract verdict which awarded $238,241 to Defendant contractor by entering judgment for Plaintiff of $236,139 after crediting $474,625 down payment which was not a trial issue… Moses reversed. [Read more…]
Indoor Clean Air, smoking shelter/clubs
INDOOR CLEAN AIR: County’s prior admissions that “roofed smoking shelters” are “partially open to the outside air” dispositive under UDJA that smoking club shelters are not “enclosed rooms” or “places of work” under MCIAA… Pinski. [Read more…]
Fraud, particularity/reliance
FRAUD claims properly dismissed for failure to plead with particularity, show reliance on representations… indemnity/contribution claim properly dismissed as relating back to fraud claims… Macek affirmed. [Read more…]
Negligence, $27,000 MVA verdict
NEGLIGENCE: Substantial evidence supported jury’s conclusion by $27,000 verdict that Plaintiff not entitled to full amount of alleged MVA-related injures requested as result of admitted liability MVA… Phillips affirmed. [Read more…]
Tax deed, reimbursement of taxes, penalties
TAX DEED: Request for reimbursement of taxes, penalties, interest, costs following trial ruling that tax deeds are void not [Read more…]