BOND: Constitutional challenges to $31,019.60 bond in animal cruelty case waived by failure to raise below… Pinski affirmed (IOR I-3(c)). [Read more…]
Arbitration, insurance, “any dispute,” “service of suit”
ARBITRATION: Insurance policy requiring arbitration of “any dispute” arising out of policy and “service-of-suit” clause allowing direct suit in Federal Court for failure to pay any amount claimed reconciled in favor of requiring arbitration of claims for reimbursement of wrongful imprisonment and wrongful conviction settlements… Christensen. [Read more…]
Single Audit Act, State liability, claims against Browning
SINGLE AUDIT ACT: Plaintiffs alleging Browning mismanagement precluded from suing State for failure to enforce SAA, State cannot be held liable for debts or liabilities attributable to a local government… Reynolds. [Read more…]
Prisoners, judge authority for transfer from jail to prison
PRISONERS: Orders by Best for DOC to immediately transfer 8 defendants from jail to MSP and MWP vacated on supervisory control… order. [Read more…]
PSC, garbage collection ex parte communications
PSC: Writ of prohibition properly issued barring PSC from propounding discovery requests in garbage collection case following ex parte communications between staff attorney and counsel for opponents, but writ of mandate improperly issued removing entire PSC from case and ordering independent hearing examiner… Reynolds affirmed, reversed. [Read more…]
Insurance, sewer line damage declaratory action, ripeness
INSURANCE: Uncertainty and unresolved facts & claims in sewer line easements suit make this declaratory action as to defend/indemnify duties unripe for summary judgment… Gilbert. [Read more…]
Computer cooling unit failure, $1.5 million damage
COMPUTER COOLING UNIT FAILURE: Negligence/contract claims against general contractor relating to failure of cooling unit at State data center resulting in $1.5 million damage rejected on summary judgment . . . Reynolds. [Read more…]
PSC, “data requests,” ex parte, garbage application
PSC improperly issued “data requests” to opponents of waste disposal application. . . staff attorney appointed to resolve discovery disputes improperly engaged in ex parte communications with applicant. . . PSC ordered to appoint independent hearing examiner to hear application. . . Reynolds. [Read more…]
PSC data requests, waste disposal application
PSC acting outside authority in engaging in discovery in waste disposal application by submitting data requests to opponents. . . TRO issued. . . Reynolds. [Read more…]
Negligent spoliation, salvage death vehicle
NEGLIGENT SPOLIATION: Claim that insurer had duty to retain salvage death vehicle in anticipation of potential tie rod suit against manufacturer rejected under Montana (not ND) law. . . Cavan. [Read more…]