INSURANCE BAD FAITH claims involving hail insurance properly rejected on summary judgment… Watters affirmed (memorandum). [Read more…]
Article III standing, wrongfully withheld sales tax
ARTICLE III STANDING lacking in class suit against multi-level marketer who over-refunded wrongfully withheld sales tax before Plaintiff sued… DeSoto/Morris. [Read more…]
$135,200,191 verdict, Montana payments processor ISO
VERDICT: $135,200,191.29 to Montana ISO Frontline Processing against Global Payments Direct for breach of contract and wrongful withholding of “merchant adjustments” under guise of indemnification for legal fees incurred in defending regulatory action. [Read more…]
Oil & gas, potential fracking, right to participate
OIL & GAS: Plaintiffs’ right-to-participate claim as to potential fracking not unripe, but participated in hearing on initial permit to drill and promised further participation if fracking pursued… Knisely reversed. [Read more…]
Territorial integrity, 3-phase, new seed plant
TERRITORIAL INTEGRITY: Co-op had right to provide 3-phase to new seed plant because it had closest line and capacity… MDU did not add plant to its territory by providing 1-phase construction power… Cybulski affirmed. [Read more…]
Malicious prosecution, abuse of process
MALICIOUS PROSECUTION claims improperly dismissed, abuse of process claims properly dismissed as untimely… Haddon reversed, affirmed (unpublished). [Read more…]
Unjust enrichment, co-Defendant Diocese liability
UNJUST ENRICHMENT: Claim that Diocese is separate from co-Defendant Indian school to be resolved on remand, rehearing denied… order. [Read more…]
Unjust enrichment, Indian school fundraising
UNJUST ENRICHMENT claims may arise from Indian school’s alleged failure to distribute equitable shares of funds to Tribe which it obtained by marketing plight/need of Tribe… forensic accounting cause supplanted by discovery rules… contract, negligent misrepresentation, fraud, conversion, cultural [Read more…]
State lands, coal leases, deferred EIS
STATE LANDS: Coal leases EIS properly deferred pending specific proposal… Hegel affirmed. [Read more…]
Interpleader, frivolous investment account claims
INTERPLEADER: Frivolous claims by one-time attorney/girlfriend to all proceeds of decedent’s investment account over 4 others named in TOD rejected, assessed fees/costs against her share of $2,808,425 funds… Cebull. [Read more…]