SUBDIVISION COVENANTS properly enforced against Defendants, attorney fees properly awarded Plaintiff… Marks affirmed. [Read more…]
Wrongful death, scuba center equipment rental
WRONGFUL DEATH: Rehearing of Opinion affirming rejection of claims against scuba center for renting equipment involved in diving death denied… Order. [Read more…]
Insurance, Injury to Worker Exclusion, renewed policy
INSURANCE: Injury to Worker Exclusion did not become part of renewed policy due to failure to provide proper notice of updating and insurer and insured “stuck their heads in the sand” as to changes in insured’s operations over several policy renewals, no affirmative misrepresentation that would preclude coverage for injured subcontractor of subcontractor… declaration of insurer’s employee stricken as undisclosed expert testimony, not lay testimony as purported… Molloy. [Read more…]
Subdivision, Tribal access preemption, County liability
SUBDIVISION: Claims against County of negligent misrepresentation, NIED, and respondeat superior based on assurances of access rights to RV resort that Federal Court later found preempted by Tribe improperly dismissed under Rule 12(b)(6) as time-barred, better suited for summary judgment or trial… Larson reversed. [Read more…]
Employment status jurisdiction
WCC jurisdiction lacking over WHU Investigator’s employment status Determination… Sandler. [Read more…]
Marital, high-end estate apportionment/support
MARITAL: Apportionment of estate of insurance company executive and wife with interests in family beer & wine distributorship and child support affirmed and reversed… adoption of husband’s findings & conclusions not grounds for new trial… Menahan affirmed, reversed. [Read more…]
Insurance, duty to defend defective siding claims
INSURANCE: Seeking declaratory judgment as to duty to defend defective siding claims does not constitute direct or anticipatory repudiation breach of contract but is endorsed by Montana Supreme Court… duty to indemnify for insured’s out-of-pocket settlements brokered without insurer’s consent not plausible breach of contract… plaintiff in underlying State Court suit against siding Defendant not a necessary party to declaratory action under rationale forged by this Court in light of open question in 9th Circuit… Landis stay of declaratory action granted as to on-the-merits determination of whether claims in State Court suit are covered by Policy, denied in all other respects… Christensen. [Read more…]
Arbitration, discharged Montana pilot, Arizona employer
ARBITRATION: Arbitration agreement in employment contract of discharged Montana pilot employed by Arizona company to transport deported illegals valid and enforceable, with arbitration in Arizona under Arizona or federal law… Berger. [Read more…]
Constructive discharge, emotional distress preemption
CONSTRUCTIVE DISCHARGE: Emotional distress properly dismissed as preempted by WDA… challenge to Rule 615 corporate rep’s presence in courtroom during discharge trial properly rejected… Vannatta affirmed (IOR I-3(c)). [Read more…]
LLC/contract, winding up, gravel pit sublease, standing
LLC/CONTRACT: LLC lacked standing to sue over gravel pit sublease because 6 years exceeded reasonable time to wind up, new entity with same name created during litigation did not revive original… sole member lacked standing to sue in individual capacity as he was not a party or 3rd-party beneficiary to the disputed contract… tort claims relating to failure to pay royalties or reclaim site to minimize tax exposure properly dismissed for failure to show duty of care distinct from contract… Best affirmed. [Read more…]