Montana Law Week

The Weekly Digest of Montana Law

Attorney disqualification, $12 million confession

By

ATTORNEY DISQUALIFICATION: Attorneys representing both entities (both owned by same individual) in residential construction dispute disqualified from reasonableness hearing into $12 million confessed judgment against insurer that refused to defend/indemnify one of the entities… Eddy. [Read more…]

Attorney disqualification, $12 million confession

By

ATTORNEY DISQUALIFICATION: Attorneys representing both entities (both owned by same individual) in residential construction dispute disqualified from reasonableness hearing into $12 million confessed judgment against insurer that refused to defend/indemnify one of the entities… Eddy. [Read more…]

Bench judgment, competing ranch plan claims

By

BENCH JUDGMENT: Claims of parties who divided 6,000-acre ranch into 3 parcels designated for hunting, agriculture, or recreation under shared-use agreements that fell apart determined… intent as to usage rights, contract revision, actual/constructive fraud, statute of limitations, access easements (express, implication, prescription, necessity, existing use), unjust enrichment, constructive trust, slander of title, fees/costs… Hayworth. [Read more…]

Municipal water, condemnation, “more necessary”

By

MUNICIPAL WATER: Missoula proved that its contemplated use of a water system is “more necessary” than the current use as a privately owned for-profit enterprise, preliminary condemnation order affirmed… Townsend affirmed. [Read more…]