IME: Defendant’s motion for IME in form of psychological evaluation granted subject to requirements… IME in form of physical exam denied… Linneweber. [Read more…]
Mine trespass, no valuable mineral deposits, no trespass
MINE TRESPASS: Because there were no valuable mineral deposits on Subject Claims, Wheelis improperly granted summary judgment for trespass claimants in 2013 (summary judgment was basis of damages-only ruling by Cuffe in 2018 trial which resulted in $3,325,000 verdict for owners of unpatented mining claims crossed by tunnel constructed to access patented claims of proposed Montanore mine)… Wheelis/Cuffe reversed. [Read more…]
Personal jurisdiction, balcony railing fall
PERSONAL JURISDICTION: Discovery allowed into whether Defendants acted in “strategic joint venture” with retailer of railing which resulted in fall from balcony specifically targeted the Montana home-improvement market to satisfy purposeful availment prong of minimum contacts requirement… Christensen. [Read more…]
$3,325,000 verdict, trespass across mining claims
VERDICT: $3,325,000 for trespass to owners of unpatented mining claims crossed by tunnel constructed to access patented claims of proposed Montanore mine. [Read more…]
Federal mining condemnation, jury footnote
MINING CONDEMNATION: Footnote addressing jury issue added to opinion holding that stay of federal mining condemnation should have been granted pending parallel State Court action… rehearing denied… order. [Read more…]
Stay, federal v. state mining condemnation
STAY of federal mining condemnation should have been granted pending parallel State Court action… Christensen reversed. [Read more…]
$5.1 million settlement, forklift jig fall on head
SETTLEMENT: $5.1 million, forklift jig fall on head, multiple injuries, paraplegia. [Read more…]
Lending breach, $52,037,593 verdict, TARP
LENDING BREACH: Montana law improperly applied over Michigan contract provision… under Michigan law constructive fraud, prospective economic advantage, and deceit would not have been permitted to go to jury as stand-alone tort, only remaining claims are contractual in nature, do not provide basis for punitives… improper evidence of failure to use TARP money for borrower irrelevant, prejudicial, could have influenced jury… $52,037,593 verdict for start-up international office products facility based in Butte that failed when accounts were swept reversed, remanded for new trial on contract claims… punitives cap vis-à-vis $10.5 million award not addressed… Krueger affirmed, reversed. [Read more…]
Lending breach, $52,037,593 verdict appeal issues
LENDING BREACH: Issues narrowed in appeal of $52,037,593 verdict including punitives cap constitutionality… order. [Read more…]
Lending breach, $52,037,593 verdict, post-trial
LENDING BREACH: Post-trial rulings on $52,037,593 verdict… challenges to general verdict form rejected… fees to be awarded pursuant to loan documents reciprocity, but based on hours, not 40% contingency… bank waived punitives cap by failure to disclose evidence of net worth, but cap also unconstitutional abrogation of right of trial by jury… award of compensatory [Read more…]