DISCOVERY responses compelled in dispute as to the value of membership interests upon sale of one entity and public offering of another… Plaintiffs entitled to fees & costs for bringing the motion which was precipitated by responses being evasive, boilerplate, and not consistent with rules… Brown. [Read more…]
Class certification, subdivision “bad dirt”
CLASS CERTIFICATION granted in subdivision “bad dirt” suit against developers… $3,440,000 settlement with engineers… Souza, Todd. [Read more…]
Insurance, defend/indemnify State for Libby asbestos
INSURANCE: Insurer correctly held to have breached duty to defend State for injury/death claims resulting from Libby asbestos… rulings that led to $97,833,193.93 judgment against insurer upheld except as to qualifying “occurrences” and coverage for claimants exposed to asbestos prior to policy period… Holly Brown affirmed, reversed. [Read more…]
$120 million+ settlement, Big Tobacco breach of contract
SETTLEMENT: $120 million+ to State from Big Tobacco for breach of contract and tort claims for allegedly intentionally evading obligations under 1998 Master Settlement Agreement. [Read more…]
Pleadings, wind farm suit amendments, counterclaims
PLEADINGS: Ranchers’ amendments to Answer in opposition to neighbors’ challenge to wind farm properly denied as untimely but counterclaims alleging abuse of process improperly dismissed with prejudice as compulsory, may be asserted in independent action… Oldenburg affirmed, reversed. [Read more…]
Appeal procedure, expedited tobacco briefing request
APPEAL PROCEDURE: State’s request to halve briefing schedule in appeal of arbitration denial in light of alleged (and denied) delay tactics denied, but no routine extensions to be granted… order. [Read more…]
Discovery, bad faith following $1.7 million FELA verdict
DISCOVERY: Supervisory control of Bidegaray denied on liability/causation sanctions default in bad faith case following $1.7 million FELA verdict… Court declines to revisit FELA preemption issue… order. [Read more…]
Sex abuse of minor, uncharged sex abuse
SEX ABUSE OF MINOR: Testimony by victim’s sister as to uncharged sex abuse by Defendant properly admitted. . . Watters affirmed (unpublished). [Read more…]
Firearms, search of probationer’s vehicle
FIREARMS: Suppression of evidence seized in searches of probationer’s vehicle following DUI stop properly denied. . . Watters affirmed (unpublished). [Read more…]
Insurance, duty to defend State, Libby asbestos claims
INSURANCE: Insurer of State against Libby asbestos claims 7/73-7/75 breached duty to defend, liable for all defense costs incurred after 7/05, amounts of completed settlements as of date each was approved, pre-judgment interest on those amounts, attorney fees/costs incurred by State in this dec action. . . H. Brown. [Read more…]