RESTRICTIVE COVENANTS: Myriad claims stemming from challenge to barriers to building in subdivision properly dismissed… DeSoto/Morris affirmed (memorandum). [Read more…]
Defense verdict, 4-way stop rear-ender
VERDICT: Defense, 4-way stop rear-end MVA, admitted liability. [Read more…]
Medical records charges, “reasonable fees” class action
MEDICAL RECORDS CHARGES: Putative class action alleging overcharges for copies of medical records properly dismissed… Molloy affirmed. [Read more…]
Defense verdict, 4-way stop rear-ender
VERDICT: Defense, 4-way stop rear-end MVA, admitted liability. [Read more…]
Medical records charges, “reasonable fees” class action
MEDICAL RECORDS CHARGES: Putative class action alleging overcharges for copies of medical records properly dismissed… Molloy affirmed. [Read more…]
Auto/pedestrian defense verdict rehearing denied
AUTO/PEDESTRIAN: Rehearing denied as to Opinion affirming mid-block auto-pedestrian defense verdict… order. [Read more…]
Negligence, mid-block auto-pedestrian defense verdict
NEGLIGENCE: Testimony on statutes/legal conclusions properly limited in mid-block auto-pedestrian… reversal not warranted by claimed errors in admission of irrelevant medical evidence or limiting argument on a damage instruction where jury did not reach damages… UIM defense verdict affirmed… McMahon affirmed. [Read more…]
Insurance, necessity of general contractor for repairs
INSURANCE: Common questions of law including necessity of general contractor for house repairs sufficiently predominate to warrant class certification despite certain premature conclusions… Moses affirmed, reversed. [Read more…]
Medical records charges, class action
MEDICAL RECORDS CHARGES: Montana limits applicable to paper copies requested by patients, not their attorneys, and not to electronic records… putative class action alleging overcharges dismissed… Molloy. [Read more…]
Attorney fees, $511,463 v. $3,610,386 requested, class
ATTORNEY FEES: $511,463.40 properly awarded to 2 Class Counsel following settlement of University System employee benefits class action, over requested $3,610,386… Plaintiffs entitled to post-judgment interest despite refusing to accept pending appeal… R. McElyea affirmed. [Read more…]