WRONGFUL DISCHARGE: Inability of DOC HR Director to provide truthful information during investigation into her recordings constituted good cause for termination regardless of disputes as to whether recordings were surreptitious… Seeley affirmed. [Read more…]
Insurance, loss of use of insured’s damaged truck
INSURANCE: Policy does not cover loss of use of insured’s MVA-damaged truck… Menahan. [Read more…]
Medical malpractice, newborn circumcision verdict
MEDICAL MALPRACTICE: Late-disclosed expert opinion that doctor used incorrect scissors or correct scissors improperly resulting in newborn circumcision injury properly excluded, defense verdict affirmed… McMahon affirmed (memorandum). [Read more…]
Defense verdict, med-mal, newborn circumcision injury
VERDICT: Defense, medical malpractice, newborn circumcision injury. [Read more…]
Wrongful discharge, grievance tolling of statute
WRONGFUL DISCHARGE: Limitation period tolled until employer’s grievance procedures were exhausted, suit timely filed within 1-year statute… McMahon reversed. [Read more…]
Legal malpractice/insurance, potential claims disclosure
LEGAL MALPRACTICE/INSURANCE: Rehearing denied as to ruling that coverage of $2,083,171 default and $9,157.50 discovery sanctions were properly excluded as to Firm and 2 members not involved in default or sanctions since the member who was involved did not disclose potential claims at inception of policy… order. [Read more…]
Legal malpractice/insurance, $2,083,171 default
LEGAL MALPRACTICE/INSURANCE: Coverage of $2,083,171 default and $9,157.50 discovery sanctions properly excluded as to Firm and 2 members not involved in default or sanctions since the member who was involved did not disclose potential claims at inception of policy… Menahan affirmed. [Read more…]
Retaliation, fired bar/restaurant manager
RETALIATION claim by bar/restaurant manager rejected for failure to show that declining financial performance and “f-word” at bank were not legitimate reasons for discharge or causal link to alleged discrimination against African-American employees… Caroline Holien. [Read more…]
Jail strip searches, constitutional/statutory challenges
JAIL STRIP SEARCHES: L&C Co. policy of suspicionless strip searches of everyone detained for traffic or minor offenses and placed in general population not violative of Art. II §§ 10 or 11, but violates plain language of §46-5-105 (2013), remanded for summary judgment on this issue for the 92 Plaintiff/Appellants… McMahon affirmed, reversed. [Read more…]
Default judgment, attorney “abandonment”
DEFAULT JUDGMENT for $375,000 properly entered against Canadian mining company over claim of surprise abandonment by Montana attorney… $128,758.57 prejudgment interest award properly rescinded because factual dispute would exist at trial as whether stocks in Montana venture were truly worthless at time of purchase given Canadian Cease Trade Order… Berger affirmed (IOR I-3(c)). [Read more…]
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