LEGAL MALPRACTICE: PFMA client’s suit improperly dismissed without determining whether alleged assurances that he was correctly charged are sufficient to toll the statute… Elliott reversed (memorandum). [Read more…]
Abortion, HB 544, HB 862, preliminary injunction
ABORTION: Preliminary injunction enjoining HB 544, HB 862, and Rule dealing with Medicaid funding of abortions affirmed… Menahan affirmed. [Read more…]
Bench judgment, partnership ownership interests
BENCH JUDGMENT: Findings of no material breach of LPA in assignment of interest in Low-Income Housing Tax Credit project without partner’s consent and order of specific performance of Option to purchase affirmed… Morris affirmed (memorandum). [Read more…]
Indians, electric utility’s winter termination
INDIANS: Cert denied as to 9th Circuit affirming Cavan and Watters that Crow Tribe retains jurisdiction under first Montana exception to regulate electric utility’s winter termination… order. [Read more…]
Daycare negligence, subdural hematomas
DAYCARE NEGLIGENCE: Claims as to child’s subdural hematomas properly rejected on summary judgment… Rienne McElyea affirmed. [Read more…]
Daycare negligence, subdural hematomas, defense SJ
DAYCARE NEGLIGENCE: Claims as to child’s subdural hematomas rejected on summary judgment… Rienne McElyea. [Read more…]
Indians, tribal regulation of winter electric termination
INDIANS: Crow Tribe retains power to regulate electric utility’s winter termination of service… Cavan/Watters. [Read more…]
Snowplow cab slam, later embolism death
Being slammed in snowplow cab when wing hit guardrail was primary cause of later pulmonary embolism and resulting death, widow entitled to death benefits… denial of liability was reasonable, no penalty or fees… Sandler. [Read more…]
Indians, college tribal sovereign immunity
INDIANS: College entitled to tribal sovereign immunity as to employee’s Title VII and MHRA claims… Christensen affirmed (memorandum). [Read more…]
Class certification, student loan claims
CLASS CERTIFICATION: 2 classes asserting claims related to UM student loan disbursements improperly certified, 1 class properly certified… Wheelis reversed, affirmed. [Read more…]
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