DEBT COLLECTION: 4 medical accounts stated improperly dismissed as not addressed in summary judgment motion… fact issues as to whether 93 days of silence constituted an “unreasonable” time to retain a statement without objection require jury resolution on a 5th account… Ohman reversed. [Read more…]
Insurance bad faith, 3rd-party common law claims
INSURANCE BAD FAITH: 3rd-party common law claims stemming from delayed payment of settlement of DUI bicycle death not barred under MCA 33-18-242(4) (2023)… Court adopts majority federal rule allowing pleading of punitives in initial complaint even though contrary to MCA… Morris. [Read more…]
Class settlement, Easterseals email data breach
CLASS SETTLEMENT of breach of email data of 12,298 Easterseals-Goodwill clients approved including $215,000 attorney fees… Morris. [Read more…]
Attorney discharge, Texas lawyer, Montana home office
ATTORNEY DISCHARGE: No Montana personal jurisdiction over wrongful discharge suit by Texas law firm attorney who moved to Montana to work out of his home… case transferred to Texas Federal Court rather than dismissed… Molloy. [Read more…]
Vaccination discrimination, non-vax surcharge
VACCINATION DISCRIMINATION: Non-Vax Surcharge challenge preempted by ERISA… Judy Bovington. [Read more…]
Wrongful discharge, federal “Willful Loss of Earnings”
WRONGFUL DISCHARGE: Federal “Willful Loss of Earnings” doctrine erroneously applied to relieve employer of proving failure to mitigate… Oldenburg reversed. [Read more…]
Foreign adoption, duty of care for “tortured” child
FOREIGN ADOPTION: Delaware/Illinois adoption agency had duty of care for Chinese child placed in Montana… Montana has personal jurisdiction over agency in suit alleging torture by Ranch for Kids… Morris. [Read more…]
Wrongful discharge, “Willful Loss of Earnings”
WRONGFUL DISCHARGE: “Willful Loss of Earnings Doctrine” applied to determine that fired Program Manager who took substitute teacher job failed to adequately mitigate with reasonable diligence… without damages, entire claim fails, rejected on summary judgment… Oldenburg. [Read more…]
Judge substitution, federal court removal period
JUDGE SUBSTITUTION time suspended during removal to federal court (1st impression)… Defendant had 10 days remaining of 30-day period following remand, motion improperly held untimely… Bidegaray reversed. [Read more…]
$4,985,000 interpleader, MVA death/injuries
SETTLEMENT: $4,985,000 interpleader disbursements to 1 death and 2 injury claimants from insurer of train crew transportation entity, snowplow pass head-on MVA. [Read more…]