RACE DISCRIMINATION: $7,000 for emotional distress from convenience store not accepting tribal ID for purchase of alcohol… Terry Spear. [Read more…]
Public duty, officer as sole cause of harm
PUBLIC DUTY: Certified question from 9th Circuit accepted as to whether Montana public duty doctrine shields an officer from negligence liability where he is the sole cause of the plaintiff’s harm… order. [Read more…]
Public duty, officer as cause of plaintiff’s harm
PUBLIC DUTY: Question certified as to whether Montana public duty doctrine shields an officer from negligence liability where he is the sole cause of the plaintiff’s harm, in appeal from ruling by Haddon that it does shield him… order. [Read more…]
Injured roofer, statutory employer, UEF
Construction contractor liable as statutory employer to reimburse UEF for injury of roofer hired by roofing contractor with no ICEC… Sandler. [Read more…]
Disability discrimination, hospital Instrument Tech
DISABILITY DISCRIMINATION claims by hospital Instrument Tech with speech/learning disabilities survive summary judgment except as to untimely retaliation claim under Montana law… Watters. [Read more…]
Indemnity agreements, “appropriate expenses”
INDEMNITY AGREEMENTS: Summary judgment properly granted on limited issue of whether insurer may seek indemnification from contractor for “appropriate expenses” incurred in payment litigation by subcontractor, issue of damages to be decided by trier of fact including whether fees which contractor alleges were incurred by insurer defending against bad faith claim in underlying litigation are covered… Moses affirmed. [Read more…]
Dismissal of dewatering claims following verdict
DISMISSAL WITH PREJUDICE of dewatering system claims following $1,733,887.40 verdict and settlement with Defendant’s insurer renders appeal moot over request that dismissal be at least conditioned on indemnity from recoupment of settlement amount and for fees/ costs as prevailing party… Todd affirmed (IOR I-3(c)). [Read more…]
Minerals, dinosaur fossils, “ordinary & natural”
MINERALS: Fossils not in ordinary & natural definition of “mineral” in general mineral deed, highly valuable Dueling Dinosaurs, Murray T. Rex, Triceratops fossils found on ranch not part of mineral estate, surface owners are sole owners… Watters. [Read more…]
$1,733,887.40 verdict, basement dewatering
VERDICT: $233,887.40 compensatory, $1.5 million punitives, negligent design or installation of dewatering system in home with basement below water table… principal liable for judgment for fraudulent transfer of assets. [Read more…]
Home defects, leaky roof, limitations/repose
HOME DEFECTS: Leaky roof negligence/negligent misrepresentation claims barred by statutes of limitations and repose… some CPA claims arising from 2001 construction and subsequent inspections & repairs time-barred, some not… expert not required for CPA claims as to contract and billing… Gustafson affirmed, reversed. [Read more…]