ELECTIONS: SOS’s request to stay preliminary injunction prohibiting enforcement of HB 176 and SB 169(2) granted… Moses reversed… order. [Read more…]
Insurance, surreptitious shower recording of minor
INSURANCE: Coverage of surreptitious shower recording of minor excluded “sexual misconduct,” insurer had no duty to defend against civil claims resulting in $500,000 consent judgment… Fehr affirmed. [Read more…]
Successor liability, complex healthcare entities
SUCCESSOR LIABILITY: Health Care Service Corp. is not corporate successor to Blue Cross & Blue Shield of Montana following 2013 transaction such that it can be liable for latter’s alleged wrongful premium billing practices… Halligan. [Read more…]
Sexual assault, civil suit stay for “potential” criminal
SEXUAL ASSAULT: Stay of civil suit until expiration of statute of limitations for “potential” criminal prosecution denied… Eddy. [Read more…]
Foreign adoption, duty of care for “tortured” child
FOREIGN ADOPTION: Delaware/Illinois adoption agency had duty of care for Chinese child placed in Montana… Montana has personal jurisdiction over agency in suit alleging torture by Ranch for Kids… Morris. [Read more…]
Officer sexual assault, certified question accepted
OFFICER SEXUAL ASSAULT: Whether law officers act within course & scope per FTCA when they use their authority to sexually assault certified question from 9th Circuit accepted. [Read more…]
Officer sexual assault, FTCA course & scope, certified
OFFICER SEXUAL ASSAULT: Whether law officers act within course & scope per FTCA when they use their authority to sexually assault certified to Montana Supreme Court… order on appeal from Watters’s conclusion that BIA officer who assaulted tribal member was not in course & scope. [Read more…]
Sexual assault, tort v. sex discrimination
SEXUAL ASSAULT claims by restaurant employees sound in tort under gravamen analysis, properly filed directly in District Court along with negligence, negligent hiring/retention/entrustment, and constructive discharge, despite HRB dismissals of sex discrimination claims as untimely under HRA… Moses. [Read more…]
Discrimination, female “touching” of male subordinate
DISCRIMINATION: HRC’s award of $80,000 for sex discrimination by female supervisor’s touching of male subordinate and $20,000 for retaliation for complaining affirmed… $360,072.65 attorney fees/costs affirmed… HRC affirmed, Reynolds affirmed, reversed. [Read more…]
Insurance bad faith, Vermont regulatory consent order
INSURANCE BAD FAITH: Vermont regulatory consent order relevant to UTPA/punitives claims… testimony of attorney in a similar case allowed to show identical pattern of conduct alleged in this case… Todd. [Read more…]
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