INITIATIVE: I-172 cable tax initiative deficiency challenge rejected… order. [Read more…]
Referendum, LR-127, 100- “word” title limit
REFERENDUM: LR-127 title exceeds 100-word limit when counting statutory citations as words, not legally sufficient, enjoined from ballot… fees denied to Petitioners… opinion & order. [Read more…]
Erisa, big/little HIPAA, claims handling/settlement
ERISA: Big HIPAA does not prohibit rating employers in purchasing consortium, preempts identical Montana statute, method of rating consortiums does not violate Montana’s little HIPAA… UTPA anti-discrimination statute cannot be used to [Read more…]
Referendum, LR-126, bill title inaccuracy
REFERENDUM: Request to strike LR-126 because of improper reference to NVRA in ballot statement denied, but AG directed to revise statement… opinion & order. [Read more…]
$242,050 attorney fees, $539,717 cancer policy
ATTORNEY FEES: $242,050 fees, $35,046 costs awarded following morning-of-trial directed verdict for $539,717 in cancer policy case with 1st-impression notice prejudice rule and verdict of no more money owed, UTPA violation but no damage to Estate… Sherlock. [Read more…]
Verdict, cancer policy, Notice Prejudice Rule
VERDICT: Directed verdict for Plaintiffs prior to commencement of trial for $539,717.90 cancer policy benefits/interest based on pre-trial ruling that Notice Prejudice Rule applies and insurer suffered no prejudice (insurer tendered the $539,717.90 prior to trial reserving right to appeal), subsequent verdict that [Read more…]
Insurance, cancer death claim, statute of limitations
INSURANCE: 8-year statute for cancer death claim runs from date insurer received written notice per proof of loss provision, not from date complaint filed or oral notice… Sherlock. [Read more…]
Discrimination, hospital rates, uninsured patient
DISCRIMINATION: Worker with no health insurance allegedly due to poverty allowed to pursue claim that hospital discriminates based on “social condition” per Art. II §4 by charging her more than insured [Read more…]
Referendum, LR-123, opinion
REFERENDUM: LR-123 unconstitutional, analysis & rationale following summary decision… Sherlock affirmed. [Read more…]
Referendum, LR-123
REFERENDUM: Sherlock’s order declaring LR-123 unconstitutional affirmed, analysis & rationale to follow in due course… order. [Read more…]
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