VERDICT: Defense, former prisoner failed to prove he did not rape fellow inmate despite claimed “exoneration” by Montana Innocence Project, resulting in rejection of claim for certificate of innocence and $733,006 damages and other benefits under wrongful conviction statute. [Read more…]
Occupational disease, ARD, 1961 v. 1993 MODA
OCCUPATIONAL DISEASE: Supervisory control of Krueger denied as to ruling that 1961 MODA applies to ARD claim against power company rather than 1993 version in effect when Plaintiff stopped work for subsequent employer… order. [Read more…]
$1,499,300 verdict, malicious prosecution by law firm
VERDICT: $1,499,300 including $100,000 punitives, malicious prosecution of mortgage broker by law firm retained by credit union. [Read more…]
Insurance, injured driver of leased mail truck
INSURANCE: Injured driver of leased mail truck employed by USPS contractor excluded from auto policy coverage under truck policy by Comp Exclusion because contractor had statutory obligation to provide comp even though it did not do so… summary judgment for insurer on remand from reversal of summary judgment for insurer based on Employee Exclusion… Morris. [Read more…]
Insurance, Employee Exclusion, “employee”/control test
INSURANCE: Injured driver of leased mail truck employed by USPS contractor not excluded from truck coverage when applying language of Employee Exclusion and definition of “employee” rather than the “control test”… Morris reversed (2-1 memorandum). [Read more…]
Insurance, defend/indemnify State for Libby asbestos
INSURANCE: Insurer correctly held to have breached duty to defend State for injury/death claims resulting from Libby asbestos… rulings that led to $97,833,193.93 judgment against insurer upheld except as to qualifying “occurrences” and coverage for claimants exposed to asbestos prior to policy period… Holly Brown affirmed, reversed. [Read more…]
Malicious prosecution, rehearing denied
MALICIOUS PROSECUTION: Rehearing denied as to holding that claim against law firm was improperly dismissed… order. [Read more…]
Malicious prosecution claim against law firm
MALICIOUS PROSECUTION claim against law firm properly dismissed based on judicial estoppel for failure to disclose criminal fraud charges in bankruptcy schedules, improperly dismissed based on failure to disclose civil fraud claim… reasonableness of firm’s investigation of Plaintiff’s role in foreclosure must be resolved by a jury… Wilson affirmed, reversed. [Read more…]
Insurance, employee of complex mail delivery businesses
INSURANCE: Injured driver of mail delivery truck was employee of insured entity under control test in complicated business relationships, coverage barred by employee exclusion… Morris. [Read more…]
Smelter contamination, landowners’ restoration damages
SMELTER CONTAMINATION: Landowners’ claim for restoration damages relating to discharge of arsenic and lead remanded to District Court following US Supreme Court’s allowing claim with EPA approval… order. [Read more…]
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