VERDICT: Defense, vintage aircraft landing damage. [Read more…]
Utilities, judicial review of water/sewer rate
UTILITIES: Judicial review of water/sewer rates properly rejected for failure to exhaust administrative remedies without considering futility/waiver/estoppel arguments… Menahan affirmed. [Read more…]
Referendum, LR-130 ballot statement
REFERENDUM: Challenge to AG’s ballot statement for LR-130 rejected… order. [Read more…]
Initiative, I-186 rulemaking delegation
INITIATIVE: Whether I-186 delegates rulemaking and therefore violates effective date requirement is outside AG’s legal-sufficiency review and Court’s pre-election review. [Read more…]
Sanctions, $35,841 fees, $32,909 fine, Rule 11
SANCTIONS: $35,841 attorney fees, $32,909 fine as if Court were law firm, properly imposed on attorney under Rule 11 for improper filings and attacks on insurer and counsel… Haynes affirmed. [Read more…]
Water feud verdict, justifiable force
WATER FEUD VERDICT: $191,000 for Defendants on IIED/interference with business counterclaims in dispute over access to spring affirmed, punitives supported by intentional acts but remanded for statutory review of $50,000 award… [Read more…]
Foreclosure, deed of trust, beneficiary’s agent
NONJUDICIAL FORECLOSURE: MERS properly acted as beneficiary’s agent under deed of trust, is not a “beneficiary” under STFA… plausible negligence claim stated by claim that [Read more…]
Initiative, I-166 explanatory statements
INITIATIVE: Challenge to I-166 explanatory statements rejected… opinion & order.
I-166 would establish Montana policy that corporations are not entitled to constitutional rights and are not persons. It “charges” elected officials to [Read more…]
Sanctions, Rule 11, $35,841 fees, like amount fine
SANCTIONS: Not feasible for attorney to take Law School research/writing class but feasible to receive instruction from legal writing director… expert provided unilluminating apples-to-oranges analysis as to insurer’s reasonable Rule 11 hours… insurer’s use of 2 attorneys from different firms in underlying litigation and sanctions [Read more…]
Sanctions, old Rule 11, insurance contract/UTPA
SANCTIONS assessed against Plaintiffs’ attorney (not against Plaintiffs) under old Rule 11 for unsupported filings in insurance contract/bad faith case, escalating bias, harassment, incivility toward insurer and its attorney, misstatements to Magistrate in related case… reasonable fees [Read more…]