Montana Law Week

The Weekly Digest of Montana Law

Acknowledgment/sanctions, $268,436 verdict

By

ACKNOWLEDGMENT/SANCTIONS: Acceptance of $268,435.94 judgment on MVA verdict waived right to appeal denial of new trial on damages for emotional distress, enjoyment of life, and future medicals associated with prescription drug… admitting in deposition to conduct that constituted traffic violations did not merit 37(c)(2) sanctions for denying in discovery violation of statutory provisions… Larson affirmed (opinion & order). [Read more…]

$1,275,000 settlement, MPC/NWE comp claims

By

SETTLEMENT: $1,275,000 by MPC’s insurer following defense verdict and order for new work comp bad faith trial based on juror misconduct, in addition to previous $2.5 million from co-Defendant NWE and $200,000 from adjuster, in addition to [Read more…]

Wrongful death, parents of deceased adult

By

WRONGFUL DEATH: Parents of deceased adult may seek wrongful death damages for grief, sorrow, mental anguish, to be pursued by PR along with other claims… inconsistent analyses/holdings, imprecise use of “heirs” clarified… McNeil reversed on supervisory control. [Read more…]

Vehicle dealership, limitation of remedies, fraud

By

VEHICLE DEALERSHIP: Limitation of Remedies not procedurally or substantively unconscionable under Texas law, prohibits dealer from asserting claim for lost profits due to breach of contract involving trucks with non-compliant air brakes… fraud claim [Read more…]

Jury, work comp bad faith mistrial, misconduct

By

JURY: Mistrial/new trial granted following class action work comp bad faith defense verdict due to extraneous information during deliberations (employee handbook, information that class member had other comp claims) which prejudiced Plaintiffs… Krueger. [Read more…]