INSURANCE: $250,000 preliminary settlement of class action against New West stemming from 2007 MVA rescinded for misrepresenting that it was broke and getting broker by the day when it had millions available… Abbott. [Read more…]
Attorney practice, PR may not represent Estate pro se
ATTORNEY PRACTICE: PR may not represent Estate pro se in appeal of legal malpractice defense verdict… Order. [Read more…]
$11,237,500 verdict, abused infant, blindness/TBI
VERDICT: $11,237,500, abused infant who suffered blindness and severe TBI after CFS failed to properly investigate allegations of child abuse… retrial on remand from reversed $16,652,538 verdict. [Read more…]
Sealed transcript, legal malpractice settlement
SEALED TRANSCRIPT: Motion to unseal part of hearing transcript relating to settlement agreement in legal malpractice action denied, more appropriately raised in appeal brief… Order. [Read more…]
University, Covid tuition/fees reimbursement
UNIVERSITY: Class action for reimbursement of tuition and fees after MSU transitioned to online learning due to Covid properly dismissed… McMahon affirmed (other grounds). [Read more…]
Subdivision, Tribal access preemption, County liability
SUBDIVISION: Claims against County of negligent misrepresentation, NIED, and respondeat superior based on assurances of access rights to RV resort that Federal Court later found preempted by Tribe improperly dismissed under Rule 12(b)(6) as time-barred, better suited for summary judgment or trial… Larson reversed. [Read more…]
$16,652,538 DPHHS negligence verdict reversed
NEGLIGENCE: §41-3-203(1) immunity not applicable to State in case alleging DPHHS failed to properly investigate child abuse resulting in serious injuries… Court erred by ruling that DPHHS was negligent and assault was foreseeable… disproportionate sanction imposed on State for spoliation of photos showing bruising… $16,652,538 verdict reversed, remanded for new trial… Best affirmed, reversed. [Read more…]
$488,291 verdict, farm house lease, legal malpractice
VERDICT: $388,921 for breach of lease of farmhouse that was destroyed by fire, $100,000 for legal malpractice in connection with the underlying representation.
Underlying facts from Konesky (Mont. 2021). [Read more…]
Insurance, assault/kidnap of estranged wife
INSURANCE: No coverage under auto and umbrella policies of suit stemming from assault & kidnap of estranged wife… Marks affirmed (memorandum). [Read more…]
Legal malpractice, sex assault defendant’s counsel
LEGAL MALPRACTICE claim against sexual assault defendant’s deceased attorney’s firm fails because Alford plea entered after allegedly ill-advised guilty plea was withdrawn severed causation of initial plea… Best affirmed (other grounds, memorandum). [Read more…]