ATTORNEY DISCHARGE: No Montana personal jurisdiction over wrongful discharge suit by Texas law firm attorney who moved to Montana to work out of his home… case transferred to Texas Federal Court rather than dismissed… Molloy. [Read more…]
Wrongful discharge, Flathead Basin Commission ED
WRONGFUL DISCHARGE: Flathead Basin Commission ED properly found to be employee of DNRC which had good cause to terminate her for financial improprieties… Seeley affirmed. [Read more…]
Easement, landlocked river properties, $96,650 fees cut
EASEMENT: Implied easement by preexisting use properly found for residential use of landlocked river properties that have no other means of access but improperly found to extend to other HOA members… all HOA members properly found to have prescriptive easement for residential and recreation… easement for use by public improperly found as HOA did not assert its claim on behalf of the public… UDJA appropriate for HOA to seek attorney fees for easement claims, but $96,650.18 attorney fees/costs improperly awarded as both parties had good faith beliefs supporting their claims and insufficient evidence of unequal footing… Pinski affirmed, reversed. [Read more…]
Default judgment, attorney “abandonment”
DEFAULT JUDGMENT for $375,000 properly entered against Canadian mining company over claim of surprise abandonment by Montana attorney… $128,758.57 prejudgment interest award properly rescinded because factual dispute would exist at trial as whether stocks in Montana venture were truly worthless at time of purchase given Canadian Cease Trade Order… Berger affirmed (IOR I-3(c)). [Read more…]
Easement, landlocked river property
EASEMENT: Implied/prescriptive easements established over road through private river property for residential/recreation use for otherwise landlocked properties… Pinski. [Read more…]
$20,000 verdict, mistaken inspections, foreclosure notices
VERDICT: $20,000 for mistaken property inspections and wrongful posting of vacancy and foreclosure notices. . . no intentional trespass, no invasion of privacy. [Read more…]
Insurance, family member exclusion, bicyclist death
INSURANCE: Family member exclusion of driver’s auto policy not violative of MVIRVA where driver who killed bicyclist was driving mother’s vehicle and her policy paid limit… insurer not obligated to defend/indemnify driver under his policy in wrongful death suit… Seeley. [Read more…]
State employee demotion
STATE EMPLOYEE DEMOTION: Any error by HO in admitting full investigative report with hearsay was harmless… BOPA exercised unwarranted discretion in rejecting findings & conclusions without considering other evidence in record… Hanchett affirmed, BOPA reversed, Sherlock affirmed. [Read more…]
Wrongful discharge, County HR Director
WRONGFUL DISCHARGE: Open meetings, public participation, §1983, policies/public policy claims of terminated County HR Director properly dismissed on summary judgment… fact issues preclude summary judgment on good cause… Dayton affirmed. [Read more…]
$244,239 verdict, wrongful discharge
VERDICT: $244,239, wrongful discharge, MDC psychology specialist allegedly fired for attempting to entice client to move in with her. [Read more…]