DISABILITY IN PUBLIC ACCOMMODATION: $3,000 damages for impeding legally blind person with guide dog from carpeted area of store… Jeffrey Doud. [Read more…]
$2,850,000 settlement, Chamber Choices class action
SETTLEMENT: $2,850,000 settlement of Chamber Choices litigation including $950,000 fees for Class Counsel approved… Halligan. [Read more…]
Marital, custody, ATV accident, disputed alcohol
MARITAL: Primary custody of children properly awarded to father over mother’s contention that ATV accident and disputed alcohol use that day should have weighed heavily against him… Dayton affirmed (memorandum). [Read more…]
Successor liability, complex healthcare entities
SUCCESSOR LIABILITY: Health Care Service Corp. is not corporate successor to Blue Cross & Blue Shield of Montana following 2013 transaction such that it can be liable for latter’s alleged wrongful premium billing practices… Halligan. [Read more…]
Class certification, “Chamber Choice” health insurance
CLASS CERTIFICATION granted for wrongful premium overcharge claims relating to “Chamber Choices” health insurance program… Halligan. [Read more…]
Insurance, “Chamber Choices,” kickbacks, unconsented
INSURANCE: Claims relating to “Chamber Choices” health insurance program survive motion to dismiss based on alleged law of case vis-à-vis Federal Court disposition of ERISA theory, negligent misrepresentation pleading requirements… Halligan. [Read more…]
Arbitration, nonsignatories to agreement
ARBITRATION: Nonsignatories to agreement not bound to arbitrate FLSA claims under equitable principles… Cavan affirmed (memorandum). [Read more…]
Health insurance, “Chamber Choices,” ERISA, state law
HEALTH INSURANCE: Claims against “Chamber Choices” health insurance program for assessing surcharges that were kicked back to Chamber of Commerce and charges for insurance products without consent of small businesses properly rejected as not subject to ERISA… state law claims improperly dismissed without opportunity to amend to state fraud allegations with greater particularity or file in State Court… Christensen affirmed, reversed. [Read more…]
Legal malpractice insurance, rescission, innocent partner
LEGAL MALPRACTICE INSURANCE improperly rescinded, voided ab initio, as to innocent partner of partner who stole from clients. . . ruling upholding rescission understandable as based on erroneous precedent that insurers had statutory right to rescission without equitable considerations. . . stare decisis does not require perpetuation of incorrect precedent. . . 3rd-party claims properly barred because they were lodged after policy canceled or under criminal exclusion. . . Haynes reversed, affirmed. [Read more…]
ERISA, “Chamber Choices” health insurance
ERISA: Claims against “Chamber Choices” health insurance program for assessing surcharges that were kicked back to Chamber of Commerce and charges for insurance products without consent of small businesses rejected for failure to establish fiduciary duty, failure to segregate funds… state law claims impermissible “alternative enforcement mechanisms”… Christensen. [Read more…]