The Weekly Digest of Montana Law
By Frank
RAILROADS: Shortline operator (CMR) as assignee of State not allowed to voluntarily dismiss long-running Federal Court litigation to allow State to re-litigate in State Court claims lost in Federal Court… claims for $9.8-$56.6 million for lost [Read more…]
By Frank
JURISDICTION/PROCEDURE: No federal jurisdiction over State’s litigation of shortline RR settlement agreement with BN, removal by BN improvident, remanded to State Court, but relief sought by State (reinstitution of per-car payments by [Read more…]
By Frank
EXCESSIVE FORCE ARREST/SETTLEMENT: “Reckless” spoliation of arrest video warrants designation (default judgment) that officers used unreasonable force, reserving for jury causation, injury, damages, whether taser used, whether officers acted [Read more…]
By lilly
ARBITRATION award allowing BN to terminate shortline interchange agreement and base future pay pursuant to Rule 11 arrangement rather than per-car as under terminated agreement confirmed… Strong. [Read more…]