INSURANCE: Legal malpractice underwriting guideline precluding attorneys who do more than 10% plaintiff insurance bad faith not violative of public policy as malpractice insurance optional in Montana, not violated by any specific statute… Christensen. [Read more…]
Establishment, Big Mountain Jesus
ESTABLISHMENT: Renewal of FS permit for Big Mountain Jesus on federal land leased to ski resort not violative of Establishment Clause… Christensen. [Read more…]
Street right of way, inverse condemnation
STREET RIGHT OF WAY properly limited to 60, abutting owners properly awarded damages for taking but should have been based on value at time of taking… Plaintiffs entitled to [Read more…]
Class action, dam shore damage
CLASS ACTION: All criteria satisfied for certification of property owners claiming shore damage from Kerr Dam operation… Curtis reversed. [Read more…]
Default, judgment against mortgage company
DEFAULT judgment against mortgage company set-aside properly denied… no attorney fees under indenture which [Read more…]
Construction lien, attachment, contracting owner
CONSTRUCTION LIEN: Firm’s lien attached day it commenced work for buy-sell “contracting owner” of subdivision property, [Read more…]
Easement by necessity, scope, interference
EASEMENT by necessity properly established from public road to parcel that was landlocked at time of County severance… old road properly established as public way… easement scope not unlimited as Plaintiffs sought, more expansive than [Read more…]
Dam flood easements, class cert hearing guidelines
DAM FLOOD EASEMENTS not necessarily barrier to lakeshore owners’ damage claims… owners’ “contour line” theory properly rejected, “erosion,” “unreasonable damage” theories improperly rejected on summary judgment… co-defendant’s request for hearing on class [Read more…]