ARBITRATION: Nonsignatories to agreement not bound to arbitrate FLSA claims under equitable principles… Cavan affirmed (memorandum). [Read more…]
Arbitration, employee termination, waiver by delay
ARBITRATION: City’s waiver argument based on 4-year delay in pursuing arbitration of employee termination is issue for arbitrator… H. Brown reversed. [Read more…]
Conspiracy, $25 million suit retribution claim
CONSPIRACY/BLACKLISTING claims pertaining to employment, interference with businesses, prima facie tort as alleged retribution for $25 million environmental suit settlement fail for lack of showing of unlawful or wrongful acts… Day affirmed (IOR I-3(d)). [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…]
Insurance, recommended bat death settlement
INSURANCE: Insurer satisfied Endorsement by recommending settlement of $850,000 verdict by $250,000 from manufacturer and $600,000 from insurer that would satisfy parents of [Read more…]
Settlement enforcement, emailed MOU
SETTLEMENT ENFORCEMENT: Emailed MOU is written, electronically signed, settlement reached at mediation of Colstrip pollution claims, attempt by one ranch to repudiate following tax advice properly rejected… MOU not improperly “re-written” to change purchase option to first refusal… [Read more…]
Marital, parenting, out-of-state move
MARITAL: Husband failed to prove that children’s best interests would be better served by requiring wife to return to Billings from Utah or by granting primary custody to husband… Baugh affirmed. [Read more…]
Jury, work comp bad faith mistrial, misconduct
JURY: Mistrial/new trial granted following class action work comp bad faith defense verdict due to extraneous information during deliberations (employee handbook, information that class member had other comp claims) which prejudiced Plaintiffs… Krueger. [Read more…]
Defense verdict, work comp bad faith, class action
VERDICT: Defense, work comp bad faith (interest damages. emotional distress, punitives), class action. [Read more…]
Settlement enforcement, emailed MOU, repudiation
SETTLEMENT ENFORCEMENT: Emailed MOU constitutes written, signed, enforceable settlement of agreement reached at [Read more…]