COMMON CARRIER DUTY OF CARE: Amtrak liable for damages to passenger raped by sleeper car attendant under Montana duty of care to passengers. . . Amtrak’s reliance on general course & scope rule rejected. . . Johnston/Morris. [Read more…]
Liquor, unbroken case discount, $34,875,215.53 stricken
LIQUOR: Use of 1994 sales data per 1995 statute to calculate reimbursements for store sales of unbroken cases not violative of substantive due process or equal protection, $34,875,215.53 class action award ($8,718,803.88 attorney fees) reversed. . . Pinski reversed. [Read more…]
State liquor stores, $26,156,411.65, class action
STATE LIQUOR STORES: Class Counsel awarded $8,718,803.88 payable from $26,156,411.65 common fund ($14,836,178.22 damages, $11,320,233.43 statutory/unjust enrichment interest) for challenge of State under-compensating for unbroken cases… Pinski. [Read more…]
$14,722,297.88, under-compensated liquor discounts
BENCH JUDGMENT: $14,722,297.88 for liquor stores that were under-compensated for discounts for unbroken cases… Pinski. [Read more…]
Liquor, unbroken case reimbursements
LIQUOR: Use of 1994 sales data per 1995 statute to calculate reimbursements for liquor store sales of unbroken cases was rational & reasonable in 1995 but not now, violates Class Plaintiffs’ substantive due process and equal protection under Montana Constitution and changed circumstances test (1st impression)… Pinski. [Read more…]
Insurance, duty to procure UIM/med-pay
INSURANCE: Fact issues preclude summary judgment as to whether agent was negligent in not procuring UIM and only $5,000 med-pay when insureds sought same coverage in [Read more…]