SUBDIVISION: Claim for statutory damages against County for application denial not subject to 30-day limit under 2019 statute… §1983 complaint allegations improperly dismissed for failure to state claim… Larson reversed. [Read more…]
River access, metes & bounds meander line
RIVER ACCESS: Conveyance metes & bounds properly interpreted as intent by donor as meander line giving public access to Bitterroot River… Deschamps affirmed. [Read more…]
Initiatives, sewer project repeal
INITIATIVES: Petitions to mandate placement on ballot of initiatives to repeal sewer project denied, one for lack of clear legal duty by Election Administrator in administrative action or abuse of discretion by local attorney’s advisement, one by laches… Deschamps. [Read more…]
Discovery sanctions, sewer system challenge abuse
DISCOVERY: Suit to halt sewer system dismissed (without prejudice) as sanction for prejudicial dilatory discovery abuse… any re-filing will be subject to a surety bond… Halligan. [Read more…]
Sewer district challenge by property owners
SEWER DISTRICT: All claims except declaratory action by property owners challenging formation of district dismissed for failure to state claim… parties schooled on how to frame allegations and defenses… Halligan. [Read more…]
Personal jurisdiction, RV refrigerator fire
JURISDICTION: Insufficient facts pled in complaint to establish jurisdiction over Ohio manufacturer of refrigerator that allegedly caused fire in Florida in RV made in Alabama and purchased by Montana LLC, deficiency not cured by arguments in brief derived from manufacturer’s website… leave to amend complaint denied for failure to establish general jurisdiction per Daimler… Townsend. [Read more…]
FELA, injury claim, termination evidence
FELA: Evidence of termination and PLB report affirming it inadmissible hearsay, irrelevant to whether RR negligently caused conductor’s claimed injuries… defense verdict reversed, remanded for retrial… untimely/ purportedly dishonest injury report relevant to RR’s contention of [Read more…]
Defense verdict, FELA, conductor, “helper” engine
VERDICT: Defense, FELA, conductor, “helper” engine maneuver, cervical spine. [Read more…]