REHEARING denied as to Order holding that Cuffe improperly found jurisdiction over Arizona manufacturer of allegedly defective spray foam insulation applied to Montana home… Order. [Read more…]
Personal jurisdiction, Arizona spray foam manufacturer
PERSONAL JURISDICTION improperly found over Arizona manufacturer of allegedly defective spray foam insulation applied to Montana home… Cuffe reversed on supervisory control (Opinion & Order). [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…]
Insurance, neighbor harassment/nuisance
INSURANCE: Fact issues to be developed at trial preclude summary judgment as to coverage of neighbor harassment/nuisance claims. . . insurer following prudent course by defending under reservation while pursuing dec action. . . Christensen. [Read more…]
Will, undue influence, lack of capacity, fiduciary
WILL disinheriting son & daughter in favor of new wife properly declared void for undue influence, lack of capacity… fees awarded against PR for breach of fiduciary duty… Larson affirmed (IOR I-3(c)). [Read more…]
Sanctions, $306,954.23, failure to disclose 1st Will
SANCTIONS: Informal probate of contested 2011 Will executed by dying man disinheriting son named in 1980 Will and leaving Estate to wife of 13 months denied as default sanction for failure to timely disclose Will executed days before contested Will… contested Will also rejected in formal probate… $306,954.23 fees/costs assessed under Rule 37 for untimely disclosure of Will, plus fees-for-fees (disputed as to joint & several with counsel)… Larson. [Read more…]
Acknowledgment/sanctions, $268,436 verdict
ACKNOWLEDGMENT/SANCTIONS: Acceptance of $268,435.94 judgment on MVA verdict waived right to appeal denial of new trial on damages for emotional distress, enjoyment of life, and future medicals associated with prescription drug… admitting in deposition to conduct that constituted traffic violations did not merit 37(c)(2) sanctions for denying in discovery violation of statutory provisions… Larson affirmed (opinion & order). [Read more…]
$268,436 verdict, MVA, cervical/shoulder
VERDICT: $268,435.94, MVA, summary judgment for Plaintiff as to negligence and negligence per se, cervical fusion/shoulder surgery. [Read more…]
Probate, ex-wife conservator/guardian PR
PROBATE: Ex-wife properly PR as conservator of children in intestate probate of ex-husband’s estate… McNeil affirmed. [Read more…]