LEGAL MALPRACTICE: Plaintiff properly held not to have pled viable malpractice claim because advice in 2020 could not have caused him to extinguish his right of survivorship which was extinguished in 1987 when he conveyed a life estate to his stepmother… Seeley affirmed. [Read more…]
§1983, youth in need of care
§1983 claims relating to finding youth in need of care properly found barred by collateral estoppel… Watters affirmed (memorandum). [Read more…]
$22 million verdict, product liability, helicopter crash
VERDICT: $22 million product liability damages, $8 million offer of judgment for Estate of helicopter pilot killed in crash while fighting fire in Oregon. [Read more…]
Exercise machine negligence, failure to produce expert
EXERCISE MACHINE NEGLIGENCE properly dismissed for failure to produce a proper expert on the standard for preventing a cable failure… Seeley affirmed. [Read more…]
Insurance bad faith, esophagal perforation settlement
INSURANCE BAD FAITH claims following $400,000 settlement of esophageal perforation during student intubation med-mal case properly rejected on summary judgment… Christensen affirmed (memorandum). [Read more…]
Collateral estoppel, transgender youth in need of care
COLLATERAL ESTOPPEL: State Court adjudication of transgender as youth in need of care was final judgment on the merits constituting estoppel of §1983 suit against child protection specialists involved in removal to father’s ex-wife… Watters. [Read more…]
Legal malpractice, bootstrap to class settlement
LEGAL MALPRACTICE: Attempt to bootstrap malpractice claim by Ohio hotel corporation which manages Hiltons in Montana against Philadelphia insurer’s San Francisco adjusters into Montana via $4,031,519 class settlement with Montana hotels properly rejected for lack of specific personal jurisdiction…Vannatta affirmed. [Read more…]
Emotional distress, witnessing daughter’s deposition
EMOTIONAL DISTRESS claims by father based on his trauma of witnessing deposition questioning of his child in wrongful death suit brought by father in death of his wife properly dismissed pursuant to Rule 12(b)(6) without converting to summary judgment… Cuffe affirmed (memorandum). [Read more…]
Malicious prosecution, rifle barrel trademark infringement
MALICIOUS PROSECUTION claim against carbon fiber rifle barrel manufacturer for filing ultimately voluntarily dismissed trade dress mark infringement proceeding rejected on summary judgment on the basis of probable cause… inadvertently disclosed draft document in email from attorney protected by attorney-client privilege and as opinion work product, not considered on summary judgment… claims of false or fraudulent registration of a trademark and tortious interference with business relations/prospective economic advantage previously dismissed under Rule 12(b)(6)… DeSoto. [Read more…]
$155,685.07 verdict, wrongful discharge, Town official
VERDICT: $155,685.07, wrongful discharge of Town Public Works Director, slander by Town Councilman. [Read more…]
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