RETALIATION claim by bar/restaurant manager rejected for failure to show that declining financial performance and “f-word” at bank were not legitimate reasons for discharge or causal link to alleged discrimination against African-American employees… Caroline Holien. [Read more…]
Smoking shelters, abatement, “class of one”
SMOKING SHELTERS: Abatement action against bar’s shelter not violative of Clean Indoor Air Act or DPHHS regulations, summary judgment improperly granted to bar and denied to Health Board, but bar’s selective enforcement “class of one” equal protection claim asserts sufficient facts for jury consideration, improperly dismissed… Olson 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…]
Clean Indoor Air, casino smoking structures
CLEAN INDOOR AIR: Smoking structures attached to casinos are “enclosed public places” subject to CIAA notwithstanding “vents,” enforcement not precluded by purported judicial admission, estoppel… fees improperly awarded to owners who prevailed at preliminary injunction stage but lost on merits… Pinski reversed. [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…]
$6,666.91 attorney fees, bullying injunction motion
ATTORNEY FEES: $6,666.91 for defending against Board of Health’s “legal bullying” motion for preliminary injunction against smoking shelters… balance of fees requested not justified under UDJA or equitable exception to American Rule… Pinski. [Read more…]
Indoor Clean Air, smoking shelter/clubs
INDOOR CLEAN AIR: County’s prior admissions that “roofed smoking shelters” are “partially open to the outside air” dispositive under UDJA that smoking club shelters are not “enclosed rooms” or “places of work” under MCIAA… Pinski. [Read more…]
Summary judgment, unsworn documents, insurance
SUMMARY JUDGMENT for Plaintiff in insurance advance-pay dispute improperly based on unsworn documents… Deschamps reversed. [Read more…]