Montana Law Week

The Weekly Digest of Montana Law

Discovery, bad faith following $1.7 million FELA verdict

By

DISCOVERY: Supervisory control of Bidegaray denied on liability/causation sanctions default in bad faith case following $1.7 million FELA verdict… Court declines to revisit FELA preemption issue… order. [Read more…]

Insurance, $12 million confessed judgment, collusion

By

INSURANCE: Confessed judgment of $12 million ($17 million with interest at 12%) against insurer that refused to defend properly found unreasonable and product of collusion between real estate developer’s 2 entities engaged in construction of his luxury home on Flathead Lake island, but collusion so egregious that proper remedy is dismissal in entirety rather than reduction to “reasonable amount” of $2,432,010… $925,619.87 attorney fees & costs improperly awarded under “inherent powers,” but awardable under UDJA… Eddy affirmed, reversed. [Read more…]

Corporate oppression, vexatious disbarred attorney

By

CORPORATE OPPRESSION claims by daughter involving father’s estate’s interests in numerous corporations properly dismissed following bench trial case-in-chief. . . $20,927.50 fees/costs properly awarded mother’s conservator attorney under Foy for preparing to defend himself for 2 years before being named (never should have been named) and $35,128 for attorneys retained to defend him at trial, also entitled to fees on appeal but not fees-for-fees. . . Plaintiff not denied a fair trial. . . disbarred Plaintiff declared vexatious litigant. . . Fagg affirmed. [Read more…]