LEGAL MALPRACTICE: Summary judgment for attorneys improperly granted as claim of negligence was not based solely on failure to appeal underlying divorce decision but encompassed numerous allegations of pre-appeal conduct… Larson reversed. [Read more…]
Trust, family trusts conflicts
TRUST: Fact issues preclude summary judgment on 4 of 5 issues involving family trust conflicts of interest… Vannatta reversed, affirmed. [Read more…]
Interest, compensation incident to specific performance
INTEREST: Case leading to certified question as to whether compensation incident to specific performance constitutes legal damages for prejudgment interest settled and dismissed… Order. [Read more…]
Interest, compensation incident to specific performance
INTEREST: 9th Circuit certified question as to whether compensation incident to specific performance constitutes legal damages for prejudgment interest accepted… Order. [Read more…]
Buy-sell, water rights/inspection contingencies
BUY-SELL: Buyers did not properly rely on water rights or inspection contingencies to terminate BSA… DeSoto affirmed (memorandum). [Read more…]
Interest, prejudgment, buy-sell specific performance
INTEREST: Question certified to Montana Supreme Court whether compensation incident to specific performance constitutes legal damages for purpose of prejudgment interest… Order. [Read more…]
Insurance, bar parking lot altercation, off-duty officer
INSURANCE: Insurer has duty to defend off-duty police officer against claims stemming from bar parking lot altercation in which Plaintiff alleges he was “brutally assaulted” as he was attempting to drive through the lot and the officer claims he acted in self-defense because of Plaintiff showing a firearm in his vehicle… underlying Complaint allegations read in conjunction with other facts known to insurer including self-defense claim asserted as affirmative defense in officer’s Answer… DeSoto. [Read more…]
$1,499,300 verdict, malicious prosecution by law firm
VERDICT: $1,499,300 including $100,000 punitives, malicious prosecution of mortgage broker by law firm retained by credit union. [Read more…]
Arbitration, $597,778.23, mining facility subcontract
ARBITRATION: $597,778.23 award for breach of mining facility subcontract is in form a proper “reasoned award,” improperly vacated… subcontractor entitled to fees incurred in District Court and on appeal pursuant to PPA… Brown reversed. [Read more…]
Malicious prosecution, rehearing denied
MALICIOUS PROSECUTION: Rehearing denied as to holding that claim against law firm was improperly dismissed… order. [Read more…]
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