INSURANCE: Claims against mother of death shooter who was forbidden to possess firearms not covered by business policies… Cavan. [Read more…]
$2,481,594 verdict, high-speed semi/pickup
VERDICT: $2,481,594.36, high-speed semi/pickup rear-ender, admitted liability, disputed low back/neck/head. [Read more…]
Settlement, alleged 5th-wheel trailer misrepresentation
SETTLEMENT: “Significant” amount in settlement of claim of misrepresentation by 5th-wheel trailer dealership on remand from Supreme Court ruling that complaint could be amended 2 years after original complaint to add misrepresentation and that judgment was improperly granted to dealership. [Read more…]
Amendment, new claim of trailer misrepresentation
AMENDMENT to add new misrepresentation against 5th-wheel trailer dealership 2 years after original complaint improperly denied. . . judgment improperly granted to dealership which never moved for summary judgment. . . Boucher reversed. [Read more…]
Gravel contract, FOB place of shipment
GRAVEL CONTRACT: FOB place of shipment contract properly determined on summary judgment to require measurement by ton at the pit, not by volume at project site… $66,269.95 properly awarded seller as balance due plus attorney fees… Jones affirmed. [Read more…]
Consumer Protection Act jurisdiction/venue
CPA JURISDICTION/VENUE: Chouteau Co. Court had jurisdiction over dispute involving trailer purchased in Billings from Bozeman corporation and delivered to Chouteau… venue also proper in Chouteau under CPA (1st impression)… Boucher affirmed. [Read more…]
Work comp, subrogation lien, $3.3 million PI
WORK COMP: Oklahoma comp lien asserted against $3.3 million tort settlement of Montana MVA subject to Montana’s made-whole doctrine under Oberson… Todd. [Read more…]
Removal, pre-service, “forum defendant rule”
REMOVAL: Pre-service removal by Montana Defendant in pedestrian/vehicle suit improper under “forum defendant rule,” remanded… fees/costs to Oklahoma Plaintiff denied due to unsettled law, inconsistent holdings… Ostby/Watters. [Read more…]