UTILITY DISPUTE: Snipes Ruiz properly assumed jurisdiction upon Recht’s invitation… NWE’s motion to dismiss properly deemed well taken for Plaintiff’s failure to respond… joinder of suspended lawyer properly denied as untimely pursuant to scheduling order… Snipes Ruiz affirmed (memorandum). [Read more…]
Probate, homestead on ranch property
PROBATE: Homestead on ranch correctly valued and distributed in light of will and contract for deed… Abbott affirmed (memorandum). [Read more…]
Premises liability, MVA, Goodwill donations drop-off
PREMISES LIABILITY: Expansion of liability to non-invitee third parties on public road rejected, summary judgment for Goodwill as to motorcycle collision with auto exiting private drive after dropping off donations… Ohman. [Read more…]
Default judgment, house restoration loan dispute
DEFAULT JUDGMENT: Set-aside in house renovation loan dispute properly denied… Kutzman affirmed (memorandum). [Read more…]
Appeal procedure, appeal 75 days from probate order,
APPEAL PROCEDURE: Dismissal of appeal filed 75 days after probate order denied where status of motion for fees & costs is uncertain (Opinion & Order). [Read more…]
Sovereign immunity, Reservation casino trip & fall
SOVEREIGN IMMUNITY: Reservation casino is arm of CSKT, enjoys immunity from trip & fall suit by Missoula residents… Bradley Pluff. [Read more…]
Default judgment, bank/Trustee, underground tank leak
DEFAULT JUDGMENT against Trustee/Seller bank as to underground tank leak contamination liability and fees/costs to ranch Buyers under buy-sell set aside. . . motion to hold bank in contempt for failing to comply with default judgment denied. . . bank’s motion to file answer out of time granted. . . Best. [Read more…]
Insurance, premises liability defense costs, primary/excess
INSURANCE: Primary insurer responsible for defense costs of premises liability suit pursuant to “Other Insurance” provisions in primary and excess policies. . . duty to defend not implicated since excess insurer did not abandon its insured. . . primary insurer required to reimburse excess insurer its fees & costs for defending insured from date defense tendered. . . Manley. [Read more…]
Indians, sovereign immunity, terminated employee suit
INDIANS: Purchase of insurance by Tribal nursing home insufficient to waive tribal sovereign immunity against suit by terminated employee. . . individual Defendants also protected. . . Watters. [Read more…]
Tortious interference with purported employment
TORTIOUS INTERFERENCE WITH EMPLOYMENT claim in drilling rig-to-rig transfer denial rejected in 1st-impression case relying on Montana Supreme Court precedent… Terra Owen. [Read more…]