NONCOMPETE COVENANT: Employment agreement not unenforceable agreement to agree, not contract of adhesion, covenant should be analyzed for enforceability against CPAs who left and started new firm… Defendants except one correctly found not to have breached fiduciary duties, damages by the one to be re-analyzed on remand… Huss reversed, affirmed. [Read more…]
Res ipsa, equal theories of cause of house fire
RES IPSA instruction properly refused in light of equally plausible theories of cause of house fire… defense verdict affirmed… Olson affirmed (IOR I-3(d)). [Read more…]
Defense verdict, house fire
VERDICT: Defense, negligent use of extension cord not cause of house fire. [Read more…]
Defense judgment, barley crop failure, seeder
BENCH JUDGMENT: Defense, barley grower’s claims of negligence/breach of contract by custom seeder in crop failure rejected… Swandal. [Read more…]
Farm lease/probate/attorney fees
FARM LEASE/PROBATE/ATTORNEY FEES: Lease to son valid without signature of father’s PR, mother’s half vested immediately upon father’s death including right to continue [Read more…]
Trust, “lawful blood descendant,”
TRUST: Daughter “lawful blood descendant” of adoptive family under trust, not of natural father, not entitled to distribution… Macek reversed. [Read more…]
Probate, will challenges,
PROBATE: Will challenges rejected… Phillips affirmed (IOR I-3(d)(v)).
Probate, service by publication, surfaced heirs
PROBATE: Service by publication proper in Missoula proceeding to determine “then-living” heirs entitled to estate remainder, no need to re-serve after venue changed to [Read more…]
Indians, gas station toxic exposure
INDIANS: No Tribal Court jurisdiction over member’s toxic exposure claims against nonmember gas station… Haddon affirmed (unpublished). [Read more…]
IME, “hired gun,” attic floor fall
IME/SUMMARY JUDGMENT: Attic fall Defendant entitled to “hired gun” Rule 35 exam, with measures to minimize intrusion… fact issues preclude summary judgment… subsequent defense verdict… McKinnon. [Read more…]