VERDICT: Defense, alleged discharge of pollutants from golf course to navigable waters. [Read more…]
Surprise medical billing, ERISA
SURPRISE BILLING claims under ERISA relating to “in-network” and “out-of-network” services for ski accident Plaintiff rejected on summary judgment… Christensen. [Read more…]
Initiative, local initiative regulating plastics
INITIATIVE: Constitution’s limit of local self-government powers also limits local initiative power… law precluding local initiative from regulating plastic containers not unconstitutional… McMahon reversed. [Read more…]
Claim preclusion, reclaimed wastewater discharge
CLAIM PRECLUSION: Suit alleging CWA violation by discharging reclaimed wastewater from snow guns precluded by consent order in prior suit under modified claim preclusion test, res judicata, release… Morris affirmed (memorandum). [Read more…]
Environment, sheep-grazing allotments
ENVIRONMENT: Action against FS concerning 7 sheep-grazing allotments in Montana properly dismissed… Morris affirmed (memorandum). [Read more…]
Environment, sewage for ski snow, pharmaceuticals
ENVIRONMENT: Claim that permit for treated sewage for artificial snow for skiing failed to consider impact of pharmaceuticals properly rejected… Breuner affirmed (memorandum). [Read more…]
Environment, sprinklers/snowmakers, treated sewage
ENVIRONMENT: CWA claim alleging pollution of West Fork of Gallatin River by use of sprinklers and snowmakers around ski runs and flushing of golf course irrigation system to discharge treated wastewater barred by consent decree in prior litigation… Morris. [Read more…]
Punitives, evidence of racial motivation, “white v. red”
PUNITIVES: Evidence of alleged racial motivation improperly precluded in punitives phase of trial in which jury awarded Indian $1,000 compensatory damages for assault by white neighbor and $2,000 punitives… remanded for new trial on punitives… Wald reversed. [Read more…]
Environment, wastewater pharmaceuticals, snowmaking
ENVIRONMENT: Challenge to permit for town wastewater for snowmaking fails for lack of information suggesting material aquatic impact from pharmaceuticals… Breuner. [Read more…]
$3,000 verdict, shopping cart pushed into Plaintiff
VERDICT: $3,000, shopping cart pushed into Plaintiff following altercation over Defendant shooting Plaintiff’s dog that was chasing his calf. [Read more…]