COMMODITY TRADING CONTRACT: Defense judgment in computerized trading system reversed… dilatory Defendants properly denied leave to assert counterclaims… Haddon reversed, affirmed (unpublished). [Read more…]
Inverse condemnation, house crush by falling rock
INVERSE CONDEMNATION: Jury incorrectly instructed to prove elements beyond Art. II §29 and case law, but Plaintiffs failed to prove that State’s construction of highway and culvert caused their house damages from massive rock falling from Billings Rims… defense verdict affirmed… Moses affirmed. [Read more…]
Judgment on verdict, contract dispute
JUDGMENT ON VERDICT: Judge improperly went beyond contract verdict which awarded $238,241 to Defendant contractor by entering judgment for Plaintiff of $236,139 after crediting $474,625 down payment which was not a trial issue… Moses reversed. [Read more…]
Defense verdict, boulder home crush
VERDICT: Defense, State and City not liable for home crushed by large boulder falling from cliff. [Read more…]
Marital, property/maintenance, lawyer/ranch
MARITAL: Distributions and rejection of maintenance involving lawyer husband and wife with large ranch interests proper… Todd affirmed (IOR I-3(d)). [Read more…]
$295,000 verdict, county water tank leak, house
VERDICT: $295,000, home damage from county water tank leak… inverse condemnation claim directed out for failure of proof, admitted liability for negligence. [Read more…]
Interest, marital loan calculation
INTEREST properly calculated on loan from wife to husband on remand from ruling that loan which did not specify interest [Read more…]
Marital, pre-nup, contribution to business
MARITAL: Wife’s contributions to business were loan and gift, wife not entitled to share in husband’s interest… ambiguous pre-nup drafted by wife’s attorney construed against her, despite pre-nup provision against such construction… loan [Read more…]
Defense verdict, home waterline freeze/flood
VERDICT: Defense, home waterline freeze/flood. [Read more…]