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…]
Wrongful discharge, at-will casino employee
WRONGFUL DISCHARGE claims by at-will casino employee rejected on summary judgment… Marshalene Last Star. [Read more…]