PROCEDURE: Summary judgment hearing properly denied for failure to file response brief under amended 56(c)(1)(B), summary judgment properly granted lawyers on deceit, malice, conspiracy claims… stay pending completion of discovery properly denied, hope of finding smoking gun insufficient to extend discovery… H. Brown affirmed. [Read more…]
Execution, attorney sanctions owed v. paid
EXECUTION: Attorney sanctions properly paid, albeit to petitioner’s attorney (who offset legal bill) rather than directly to petitioner… Hayworth affirmed (IOR I-3(d)). [Read more…]
Legal malpractice, plea bargain negotiation
LEGAL MALPRACTICE claims stemming from lawyer negotiating 10 years deferred imposition/$60,000 restitution for elder abuse before 2nd lawyer negotiated deferred prosecution/$2,700 restitution rejected… Macek affirmed (IOR I-3(d)). [Read more…]
Erisa, big/little HIPAA, claims handling/settlement
ERISA: Big HIPAA does not prohibit rating employers in purchasing consortium, preempts identical Montana statute, method of rating consortiums does not violate Montana’s little HIPAA… UTPA anti-discrimination statute cannot be used to [Read more…]
Class action, State benefits plan, “experimental”
CLASS CERTIFICATION: Class of all State employee benefits plan participants/beneficiaries who were denied benefits based on “experimental for research” exclusion properly certified, but whether State breached its contract fails 23(b)(3) predominance because individual assessments needed… remanded for [Read more…]
Malicious prosecution/abuse of process
MALICIOUS PROSECUTION/ABUSE OF PROCESS: Supervisory control denied as to Fagg’s denial of summary judgment for attorneys in action stemming from assault & battery complaint… order. [Read more…]
Judge substitution, remand from class appeal
JUDGE SUBSTITUTION: Unnamed class members, although successful in appeal of settlement approval, not “adverse party” for purposes of substitution on remand… Newman affirmed. [Read more…]
State Employee Group Benefit Plan, class action
STATE EMPLOYEES BENEFIT PLAN is a contract between State and employees, preauthorization for disk replacement for teen improperly denied based on “experimental for [Read more…]
Wrongful discharge, “best interest of employer,”
WRONGFUL DISCHARGE: Dispute as to whether termination pursuant to “best interest” of employer nullified term contract and rendered Plaintiff at-will should be resolved by arbitrator… McCarter affirmed. [Read more…]
Class action, auto medicals exclusion settlement
CLASS ACTION: “Stymied” objectors to auto medical exclusion class action settlement erroneously denied discovery, remanded for discovery and another fairness hearing… Newman reversed. [Read more…]