APPEAL PROCEDURE: Rehearing denied as to Opinion upholding most of 2011 Medical Marijuana Act including 3-person limit on patients, but effective date postponed to 8/31/16 to provide transition period, request to postpone to next Legislature denied… order. [Read more…]
Medical marijuana, 2011 Act rulings
MEDICAL MARIJUANA: Rulings on 2011 Act affirmed, reversed… Reynolds affirmed, reversed. [Read more…]
Negligent misrepresentation/CPA, ski-out access
NEGLIGENT MISREPRESENTATION/CPA: Chalet seller did not negligently misrepresent that ski-out access would be built by developer or violate CPA because representation was as to a future event, true at time it was made, prevented only by developer’s bankruptcy… argument about negligent misrepresentation elements not waived by raising in reply brief in support of in limine motion when opponent raised it in response brief… $2,232,386 bench judgment reversed… Tucker reversed. [Read more…]
Lending breach, $52,037,593 verdict, TARP
LENDING BREACH: Montana law improperly applied over Michigan contract provision… under Michigan law constructive fraud, prospective economic advantage, and deceit would not have been permitted to go to jury as stand-alone tort, only remaining claims are contractual in nature, do not provide basis for punitives… improper evidence of failure to use TARP money for borrower irrelevant, prejudicial, could have influenced jury… $52,037,593 verdict for start-up international office products facility based in Butte that failed when accounts were swept reversed, remanded for new trial on contract claims… punitives cap vis-à-vis $10.5 million award not addressed… Krueger affirmed, reversed. [Read more…]
Insurance, $29 million ESOP settlement, defend
INSURANCE: $29 million settlement by 35 ESOP participants and grocery chain executives found reasonable following reasonableness hearing on remand from Supreme Court holding that insurer breached duty to defend and was estopped from denying coverage and no evidence of collusion but reasonableness hearing required… $29 million judgment against insurer… Townsend. [Read more…]
Gas, “at the well” rule, royalty claims
GAS: “At the well” rule defeats royalty contract/ fraud claims… Cebull affirmed (unpublished). [Read more…]
Lending breach, $52,037,593 verdict appeal issues
LENDING BREACH: Issues narrowed in appeal of $52,037,593 verdict including punitives cap constitutionality… order. [Read more…]
Insurance, duty to defend, stipulated judgment
INSURANCE: Court correctly found, without coverage analysis, that insurer breached duty to defend after recognizing policy potentially implicated, estopped from denying coverage… $29 million stipulated judgment improperly granted without [Read more…]
Lending breach, $52,037,593 verdict, post-trial
LENDING BREACH: Post-trial rulings on $52,037,593 verdict… challenges to general verdict form rejected… fees to be awarded pursuant to loan documents reciprocity, but based on hours, not 40% contingency… bank waived punitives cap by failure to disclose evidence of net worth, but cap also unconstitutional abrogation of right of trial by jury… award of compensatory [Read more…]
Contempt, $72,045 fees/costs, reconstructed time
CONTEMPT: Claim for fees properly supported by reconstructed time records… fees properly allocated among 3 contemnors, but $6,637.50 fees for fees improperly awarded, leaving [Read more…]