CONSERVATION EASEMENT: Preliminary injunction against 33,000 forest land easement by owner of 13,000 acres of mineral interests rejected for failure to show likely irreparable harm… easement later approved by Land Board… Cuffe. [Read more…]
Construction contract, failure to join general contractor
CONSTRUCTION CONTRACT: Electric subcontractor’s complaint dismissed without prejudice under Rule 12(b)(7) for failure to join general contractor in attempt to avoid arbitration… Christensen. [Read more…]
Personal jurisdiction, wolf advocates’ trademark dispute
PERSONAL JURISDICTION declined over Idaho wolf advocates’ alleged infringement of Montana wolf advocates’ website and “relistwolves” trademark in a video… Christensen. [Read more…]
Wrongful discharge, technology manager, grievance
WRONGFUL DISCHARGE claim properly rejected for failure to exhaust grievance procedures in documents handed to managerial employee at time of firing… leave properly denied to add age discrimination as futile but on different grounds… Rienne McElyea affirmed. [Read more…]
Wrongful discharge, failure to exhaust grievance
WRONGFUL DISCHARGE claim denied on summary judgment for failure to exhaust grievance remedies… Rienne McElyea. [Read more…]
Marital, unconscionable settlement agreement
MARITAL: Opinion affirming Gustafson’s finding settlement agreement unconscionable and modifying it to terminate $10,000/mo to wife replaced with Opinion with same conclusion on petition for rehearing asserting that payment was property division, not maintenance. . . order. [Read more…]
Marital, settlement agreement non-modification clause
MARITAL: Decrees with settlement agreements with non-modification clauses may be modified if they are unconscionable (harmonizing conflicting statutes). . . agreement properly found unconscionable and modified to terminate $10,000/mo maintenance to wife. . . wife’s fees properly limited to contempt proceeding (75% of requested $35,937.50) as husband prevailed on some issues. . . Gustafson affirmed. [Read more…]
Supervisory control, hospital peer review data privilege
SUPERVISORY CONTROL of J. Brown denied as to admission of hospital Medical Executive Committee correspondence vis-à-vis peer review data privilege (order). [Read more…]
Counterclaims, corporate dissolution, Rule 13(h)
COUNTERCLAIMS: Defendant who was sued as individual by corporation may only counterclaim as individual, not as shareholder, counterclaims for corporate dissolution, breach of fiduciary duty dismissed as improper counterclaims… [Read more…]
Appeal, failure to seek stay, corporate sale
APPEAL: Failure to seek stay renders appeal of Internet corporation dissolution order moot… order. [Read more…]