SETTLEMENT: $7,310,785.42 to 336 MHSL Libby Mine asbestos Claimants against State with contingent $2,030,936.19 dependent on result of litigation between State and its insurer. . . $1,250,000 to 49 KS Libby Mine Claimants with contingent $400,000. . . $250,000 for individual claimant with no insurer contingency. . . 33% and 33-1/3% contingent attorney fees approved. . . Eddy. [Read more…]
Request for additional depositions
BNSF’s request for leave to take additional depositions denied. . . Eddy. [Read more…]
Real estate, condo specific performance
REAL ESTATE: Specific performance of condo purchase not excused by alleged inadequate description in buy-sell, omission of seller’s wife’s name… fees improperly denied… Manley affirmed, reversed. [Read more…]
Attorney fees, Lincoln Co. prevailing rate
ATTORNEY FEES: Lincoln County’s attorney rates properly found reasonable based on prevailing local rate despite reference to Kalispell attorneys who practice in Lincoln… fees-for-fees improperly awarded… challenge to adoption of order prepared by County’s attorneys rejected… $11,2812 award reduced by $4,560 fees-for-fees… Wheelis affirmed, reversed. [Read more…]
Will, standing to contest will, remove PR
WILL: Daughter of testator’s predeceased sibling who would take in intestacy has standing to contest will which did not name the sibling, but not to petition for removal of PR for cause because she has no property interest in the $5 million ranch estate (“person interested in the estate” synonymous with “interested person”)… Ulbricht reversed, affirmed (other grounds). [Read more…]
Jurisdiction, Florida wire fraud Defendants
JURISDICTION: Personal jurisdiction over Florida wire fraud Defendants not established by Montana Plaintiff’s single act of authorizing Montana bank to wire funds to Defendant in Florida… Wheelis affirmed. [Read more…]
Fire district, scope of services, dispatch duties
FIRE DISTRICT created in 1989 entitled to expand services pursuant to 1991 amendment of statute… PSAP must notify but has discretion as to dispatch… McNeil reversed, affirmed. [Read more…]
Insurance, reasonable basis in law, contract, UTPA
INSURANCE: Breach of contract not ameliorated by reasonableness of breaching party’s actions, insurer incorrectly allowed to raise “reasonable basis in law” defense to contract claims where this Court previously held that it incorrectly [Read more…]