ARBITRATION provisions in $450,000 “rent-a-bank” loan unenforceable because of ambuity as to waiver of right to jury… Breuner affirmed. [Read more…]
Arbitration, arbitrability for the Court to decide
ARBITRATION: For the Court rather than arbitrator to decide whether arbitration provisions in a Business Promissory Note and Security Agreement are valid & enforceable… Breuner affirmed. [Read more…]
Bankruptcy, marital tort judgment discharge
BANKRUPTCY: Hursh properly vacated Kirscher’s 2012 order finding marital tort judgment that had been discharged in 2004 Indiana bankruptcy non-dischargeable… Hursh/Morris affirmed (memorandum). [Read more…]
Insurance, destroyed tank wash building
INSURANCE: Summary judgment that CGL policy purchased for premises containing office, warehouse, and shop space does not cover subsequently constructed tank wash building that was destroyed by fire affirmed… Watters affirmed (memorandum). [Read more…]
Insurance, CGL, subsequently constructed building
INSURANCE: CGL policy purchased for premises containing office, warehouse, and shop space does not cover a subsequently constructed tank wash building that was destroyed by fire… Watters. [Read more…]
Indians, college tribal sovereign immunity
INDIANS: College entitled to tribal sovereign immunity as to employee’s Title VII and MHRA claims… Christensen affirmed (memorandum). [Read more…]
County road, abandonment denial, writ of review
COUNTY ROAD: Writ of review challenging rejection of petition to abandon part of road blocked by gate properly denied… Langton affirmed. [Read more…]
County road, constitutional taking, no litigation expenses
COUNTY ROAD: County’s use of road not a constitutional taking since it acted under claim of right in removing berm, owner not entitled to compensation under US or Montana Constitution… owner not entitled to litigation expenses since owner and County both prevailed and lost… trial costs awarded prior to earlier appeal improperly continued in remand proceeding… Spaulding affirmed, reversed. [Read more…]
Collection/foreclosure, annulled marriage with pre-nup
COLLECTION & FORECLOSURE properly granted to wife’s LLC for loans to husband in annulled marriage with pre-nup referencing joint business venture. . . Allison affirmed (IOR I-3(c)). [Read more…]
County road, claim preclusion, writ of review
COUNTY ROAD: Landowners failed to satisfy claim preclusion vis-à-vis 1984 denial of County’s request for order directing removal of gate by previous landowners. . . request for declaratory judgment as to where County road ends and private road begins properly rejected for failure to petition for writ of review upon Commissioners’ denial of petition. . . Langton affirmed (other grounds). [Read more…]