RIGHT TO KNOW: Release of documents related to $2 million MMIA/Bozeman settlement properly subject to privilege log… Gustafson affirmed (IOR I-3(d)). [Read more…]
Homeowners association, trail construction, fees
HOMEOWNERS ASSOCIATION: Covenants properly interpreted to require special assessment rather than maintenance funds for new trail construction… Association properly awarded fees/costs on counterclaim for unpaid dues & assessments… homeowner improperly awarded reciprocal fees/costs, properly denied fees/costs under UDJA… J. Brown affirmed, reversed. [Read more…]
Easement, express v. necessity, ingress/egress
EASEMENT originating in deed is express grant allowing ingress/egress to neighbor’s lot without regard to whether it originally was necessary and that other access is now available… Knisely affirmed. [Read more…]
Defense verdict, insurance bad faith
VERDICT: Defense, alleged insurance bad faith in claim against law firm credit card collection case. [Read more…]
Jury waiver, unilateral, buried, knowing/voluntary
JURY WAIVER: Defendant failed to overcome presumption against waiver, failed to prove knowing waiver by buried unilateral provision, motion to strike jury demand denied… Molloy. [Read more…]
Attorney fees, $371,513, covenants challenge
ATTORNEY FEES: Subdivision developers awarded $371,513 fees & costs in successful challenge of lot owner’s attempt to amend covenants to prevent developers from developing their retained large lot after 37 other owners settled for $157,500 [Read more…]
Contract, oral lease/purchase agreement, fire
CONTRACT: Tenant/buyers’ breach of contract claims following building fire not viable absent written contract specifying insurance obligations by landlord/sellers… [Read more…]
Insurance, UTPA/bad faith, collection firm insurer
INSURANCE: UTPA/bad faith claims against insurer of collection law firm which resulted in $311,000 verdict for credit card holder survive motion for judgment on pleadings as to policy [Read more…]