INSURANCE: Claims that LLC’s vehicle damaged by self-insured truck was undervalued by software utilized by TPA adjuster resulting in underpaying thousands of consumers by many millions of dollars dismissed in part, allowed to proceed in part… Molloy. [Read more…]
FTCA, BIA ditch rider’s pit bull bite
FTCA: Summary judgment for US properly granted based on landlord-tenant relationship of BIA ditch rider living in BIA housing whose pit bull bit Plaintiff, but improperly granted based on employee’s alleged negligence within scope of his employment… Molloy affirmed, reversed (memorandum). [Read more…]
$1,040,000 net verdict (65% driver, 35% pedestrian)
VERDICT: $1,040,000 net (65% driver, 35% pedestrian), defense as to City’s design/maintenance of intersection. [Read more…]
Discovery, Rule 35(b)(1) “like reports”
DISCOVERY: Rule 35(b)(1) “like reports” does not require insurers or their medical examiners to deliver reports for all earlier exams of the condition from all persons examined, but only earlier exams of the Plaintiff regarding the same condition to which the insurers and their Rule 35 examiners may have access… DeSoto. [Read more…]
Wages, Notice Letter mailing/delivery
WAGES: Rule 301(b)(2) “preponderance of evidence” standard properly applied notwithstanding DLI’s “clear & convincing” standard to find that wage claim Notice Letter was mailed, statutory presumption of delivery properly applied to find that employer received Notice Letter and Determination… $7,601.50 attorney fees properly awarded on recovery of $1,700 wages and $1,870 penalty… Vannatta affirmed. [Read more…]
$2,375,000 class settlement, residential rentals
SETTLEMENT: $2,375,000, class action, residential rental agreements with allegedly illegal provisions. [Read more…]
Spoliation of video at festival, sanction, DUI crash
SPOLIATION: Sanction for spoliation of video at festival is to instruct that driver of vehicle had been served alcohol by employees resulting in DUI crash… Deschamps. [Read more…]
Landlord-tenant, class-action, rental agreements
LANDLORD-TENANT: Class challenge of rental agreements properly certified… motions to strike material submitted with reply brief properly denied… Townsend affirmed. [Read more…]
$1,650,000 settlement, children drowned in canal
SETTLEMENT: $1,650,000, FTCA/negligence, 2 children drowned in Flathead irrigation canal. [Read more…]
$1,275,000 settlement, MPC/NWE comp claims
SETTLEMENT: $1,275,000 by MPC’s insurer following defense verdict and order for new work comp bad faith trial based on juror misconduct, in addition to previous $2.5 million from co-Defendant NWE and $200,000 from adjuster, in addition to [Read more…]