SECURITIES: Investors timely sued failed mining scheme under Securities Act’s 2-year statute… added investors claims relate back to original complaint… seller established no material fact demonstrating reasonable care… assay company improperly dismissed for lack of personal jurisdiction… Sandefur affirmed, reversed. [Read more…]
House defects, building code, negligence/punitives
HOUSE DEFECTS: Evidence of non-party City’s action or inaction in enforcing building code inadmissible as to developers’ violation of code (negligence), but admissible as to state of mind vis-à-vis punitives, may be presented only in punitives part of bifurcated trial… Gilbert. [Read more…]
House defects, builder liability to eventual owner
HOUSE DEFECTS: Summary judgment as to whether builder shielded from personal liability because of his status as sole employee/owner of corporation precluded by fact issues as to his personal actions in determining suitability of soil… builder and/or corporation had general duty of care for future purchasers that [Read more…]
Home defects, initial developer, later purchaser
HOME DEFECTS: Initial developer owed no duty to subsequent purchasers of home with settling defects (1st impression in Montana), not personally liable as partner of partnership… Neill. [Read more…]
CPA/RCDA, buyer’s claims against seller’s builder
CPA/RCDA: Claim by purchasers of allegedly defective home viable against seller’s builder as individual member of contracting LLC under Court’s previous 1st-impression ruling that privity of contract not required for CPA claim against seller’s engineer… claim of personal [Read more…]
CPA, privity, defective home, seller’s engineer
CPA: Following Montana Federal Court and majority of other jurisdictions, privity of contract not required for CPA claim… claim by purchasers of allegedly defective home viable against seller’s engineer… Boucher. [Read more…]
Removal, majority 3rd-party rule, diversity
REMOVAL: Majority rule against removal by 3rd-party defendants followed in product liability diversity case… removal also improper because 3rd-party Defendant failed to obtain consents within 30 days, more than 1 year after [Read more…]
Alcohol/gambling, DOR/DOJ loan conflict
ALCOHOL/GAMBLING LICENSES: Common ownership of gambling machine and alcohol entities gave alcohol entity impermissible indirect financial interest in retailers, improperly made loans to retailers despite approval by DOJ, properly sanctioned by DOR… DOR/ McKinnon [Read more…]