ATTORNEY PRACTICE: PR may not represent Estate pro se in appeal of legal malpractice defense verdict… Order. [Read more…]
Ski negligence, going over embankment onto rock
SKI NEGLIGENCE: Summary judgment properly granted that operator had no duty to install and/or maintain fencing to catch skier from going over embankment and onto rock… Eddy affirmed. [Read more…]
Sealed transcript, legal malpractice settlement
SEALED TRANSCRIPT: Motion to unseal part of hearing transcript relating to settlement agreement in legal malpractice action denied, more appropriately raised in appeal brief… Order. [Read more…]
$16,652,538 DPHHS negligence verdict reversed
NEGLIGENCE: §41-3-203(1) immunity not applicable to State in case alleging DPHHS failed to properly investigate child abuse resulting in serious injuries… Court erred by ruling that DPHHS was negligent and assault was foreseeable… disproportionate sanction imposed on State for spoliation of photos showing bruising… $16,652,538 verdict reversed, remanded for new trial… Best affirmed, reversed. [Read more…]
$488,291 verdict, farm house lease, legal malpractice
VERDICT: $388,921 for breach of lease of farmhouse that was destroyed by fire, $100,000 for legal malpractice in connection with the underlying representation.
Underlying facts from Konesky (Mont. 2021). [Read more…]
Legal malpractice, sex assault defendant’s counsel
LEGAL MALPRACTICE claim against sexual assault defendant’s deceased attorney’s firm fails because Alford plea entered after allegedly ill-advised guilty plea was withdrawn severed causation of initial plea… Best affirmed (other grounds, memorandum). [Read more…]
Unauthorized practice, LLC member for LLC
UNAUTHORIZED PRACTICE: LLC’s assignment of claims to member does not permit the non-lawyer member to sue on behalf of LLC (first impression)… member also lacks standing to assert LLC’s claims… Ohman affirmed. [Read more…]
Malicious pros claim against pro bono attorneys rejected
MALICIOUS PROSECUTION claim against pro bono attorneys who alleged scheme to defraud elderly couple of reverse mortgaged property properly dismissed on summary judgment… Wilson affirmed. [Read more…]
Abuse of process/vexatious litigant, suspended attorney
ABUSE OF PROCESS/VEXATIOUS LITIGANT: Abuse of process claims against debt collection attorney and others properly rejected on summary judgment without hearing… suspended attorney properly declared vexatious litigant and sanctioned with District pre-filing order, extended statewide… Menahan affirmed (memorandum). [Read more…]
ERISA, disabled Medical Education Specialist
ERISA: Former clinic Medical Education Specialist proved that she was totally disabled and entitled to benefits for 24-months ending 3/29/20, denial applied wrong definition of “Total Disability and Totally Disabled,” Claimant was unable to perform one or more material & substantial duties of her Regular Occupation, denial based on subjective evidence combined with perceived lack of objective evidence contrary to case law… Claimant awarded attorney fees, costs, prejudgment interest, remanded for determination of whether she met policy’s “any occupation” definition of “total disability” after 3/29/20… “paper bench trial”… Watters. [Read more…]
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