NEGLIGENCE: Impeachment exception to Rule 407 narrowly interpreted to allow subsequent remedial measures if defendant [Read more…]
Defense verdict, MVA settlement contribution
VERDICT: Defense, no contribution from MDT, construction company, engineering company, signage company in $1,046,189 settlement by truck owner with pregnant woman rear-ended in construction zone. [Read more…]
Work comp bad faith, class certification
WORK COMP BAD FAITH/CLASS CERTIFICATION: Malice/punitives claims not fact intensive as to individual class members (unlike fraud claims), properly included in class action… class properly defined… Krueger affirmed. [Read more…]
$867,000 verdict, claimed crush between semis
VERDICT: $867,000, claimed crush between semis, lumbar/ribs fractures. [Read more…]
Appeal, request to expedite, comp bad faith
APPEAL: Expedited processing denied for interlocutory appeal of Krueger’s class action certification of long-standing work comp common law bad faith/fiduciary claims against MPC, NWE, adjuster… order. [Read more…]
Nursery contract, sub-standard trees
NURSERY CONTRACT: Summary judgment precluded by fact issues on claims by both parties as to allegedly sub-standard trees, whether buyer accepted boiler-plate “Terms & Conditions of Sale” on back of order acknowledgment forms, and fraud/punitives claims… declaratory ruling [Read more…]
Attorney fees, vexatious litigation
ATTORNEY FEES: Montana vexatious litigation statute applies only to multiplication of proceedings, not pre-litigation conduct upon which suit based… Lynch. [Read more…]
$1,247,600 MPC class action payments
$1,247,600 paid in MPC class action in impairment awards, penalties, attorney fees, costs, additional PPD.
In 3/98 Herman Gonzales, Kenny Laudato, and Fawn Lyons filed a class [Read more…]
Attorney withdrawal, bankruptcy stipulation
ATTORNEY WITHDRAWAL: MPC/NWE counsel may transition out of representation over objection by work comp claimants in unique bankruptcy stipulation situation… supervisory control of Krueger granted… order. [Read more…]