VENUE: Transfer of organic wheat contract dispute from Montana to Oregon under first-to-file rule denied where “red flags” exist as to anticipatory suit in Oregon in apparent attempt to forum shop… Morris. [Read more…]
Appeal, sanctions against med-mal attorneys
APPEAL PROCEDURE: Sanctions judgment against attorneys not appealable pending resolution of underlying hospital malpractice case or Rule 54(b) certification despite interest accrual… appeal sanctions denied… order. [Read more…]
Experts, neurologist with ALS expertise, MVA
EXPERTS: Retained neurologist with specific expertise in ALS improperly precluded from opining as to relationship between MVA and decedent’s ALS despite admission that exact cause of ALS is unknown… treating neurologist’s “could have” opinion insufficiently definite for causation testimony… dismissal for lack of experts reversed… Langton reversed, affirmed. [Read more…]
Personal jurisdiction, RV refrigerator fire
JURISDICTION: Insufficient facts pled in complaint to establish jurisdiction over Ohio manufacturer of refrigerator that allegedly caused fire in Florida in RV made in Alabama and purchased by Montana LLC, deficiency not cured by arguments in brief derived from manufacturer’s website… leave to amend complaint denied for failure to establish general jurisdiction per Daimler… Townsend. [Read more…]
City negligence, walking path skateboarder death
CITY NEGLIGENCE: No duty as to privately owned walking path in subdivision on which skateboarder was killed simply because of proximity to City owned bike path… public duty “detrimental [Read more…]
Defense verdict, motorcycle/truck
VERDICT: Defense (negligence but no causation), motorcycle/truck, pelvis/hip. [Read more…]
Rule 11 sanctions, $1.1 million med-mal settlement
RULE 11 SANCTIONS sought by $1.1 million med-mal settlement Plaintiff against Defendants’ lawyers and insurers rejected on judgment on pleadings as collaterally estopped by J. Brown’s ruling that Defendants had legitimate grounds for unsuccessful attempt to rescind based on alleged fraud… Court shocked by brazen attempt of Plaintiff to [Read more…]
Sanctions, Rule 11, $35,841 fees, like amount fine
SANCTIONS: Not feasible for attorney to take Law School research/writing class but feasible to receive instruction from legal writing director… expert provided unilluminating apples-to-oranges analysis as to insurer’s reasonable Rule 11 hours… insurer’s use of 2 attorneys from different firms in underlying litigation and sanctions [Read more…]
Sanctions, old Rule 11, insurance contract/UTPA
SANCTIONS assessed against Plaintiffs’ attorney (not against Plaintiffs) under old Rule 11 for unsupported filings in insurance contract/bad faith case, escalating bias, harassment, incivility toward insurer and its attorney, misstatements to Magistrate in related case… reasonable fees [Read more…]
Railroads, shortline res judicata rulings on remand
RAILROADS: Federal case affirming arbitration award against shortline operator res judicata as to State Court case brought by State on behalf of operator… Supreme Court’s interpretation of BN’s obligations following arbitration is law of case… BN’s repudiation of per-car payments in favor of arrangement by which BN and shortline operator separately set their [Read more…]