VERDICT: $15 million, Covid deaths of 2 care facility residents… defense verdict as to a 3rd resident. [Read more…]
Negligence, 3-vehicle icy road crash, spoliation, experts
NEGLIGENCE: Summary judgment improperly granted to Defendant in 3-vehicle icy road crash… default judgment properly denied for spoliation of truck’s speed data… no abuse of discretion in denying Plaintiff’s motion to compel and granting Defendant a protective order regarding expert qualifications… remanded for trial… Cybulski affirmed, reversed. [Read more…]
$1 million settlement, death from falling pipes
SETTLEMENT: $1 million, trucker fatally injured by falling pipes during unloading of flat-bed trailer. [Read more…]
Insurance, off-road UTV not covered auto
INSURANCE: Because Auto Policy did not cover off-road UTV, denial of defense was justified… Watters reversed (memorandum). [Read more…]
Ballot initiatives, inactive voters as “qualified electors”
BALLOT INITIATIVES: Supervisory control of Menahan denied as to TRO allowing counting inactive voters for signing election reform and abortion petitions… Order. [Read more…]
Insurance, UTPA claim-splitting, res judicata
INSURANCE: Montana mining company’s claim-splitting UTPA claims against adjuster barred by res judicata of Delaware court’s resolution of claims against insurers… Restatement of Judgments exceptions inapposite… discovery on the issue of agency denied in light of Plaintiff’s admission of facts sufficient to establish privity between insurer and adjuster… Wald. [Read more…]
Constitutional initiative, top-4 primary
CONSTITUTIONAL INITIATIVE: BI-12 for top-4 primary incorrectly found deficient by AG based on separate-vote requirement… Opinion & Order. [Read more…]
Med-mal, blindness, proportionate duty, loss of chance
MEDICAL MALPRACTICE: Proportionate duty and loss of chance instructions improperly refused in blindness case, defense verdict reversed… jury improperly polled… Wilson reversed. [Read more…]
Punitives, evidence of racial motivation, “white v. red”
PUNITIVES: Evidence of alleged racial motivation improperly precluded in punitives phase of trial in which jury awarded Indian $1,000 compensatory damages for assault by white neighbor and $2,000 punitives… remanded for new trial on punitives… Wald reversed. [Read more…]
Default judgment set aside, insurance class action
DEFAULT JUDGMENT: Set-aside improperly denied in insurance class action case… Morris reversed (memorandum). [Read more…]
- 1
- 2
- 3
- …
- 5
- Next Page »