DEFAULT JUDGMENT and summary judgment in convoluted $7.5 million foreign judgments case wrongly set aside based on excusable neglect despite proper service to registered agent… McMahon reversed (IOR I-3(c)). [Read more…]
Taxes, multi-national corporation, “water’s-edge” election
TAXES: Multinational corporation filing state income taxes under “water’s-edge” election entitled to 100% income exclusion for dividends under IRC 243, not just 80%… DOR/Reynolds reversed. [Read more…]
Wrongful stock transfer, $1.1 million punitives
WRONGFUL STOCK TRANSFER: Order restoring converted stock constituted award of compensatory damages for purposes of determining punitives. . . institution acted with actual malice in allowing stock owner to unilaterally terminate co-tenant’s interest. . . $1.1 million punitives properly awarded. . . Larson affirmed. [Read more…]
Foreign judgment, Washington v. Montana law
FOREIGN JUDGMENT subject to Washington law, not renewable in Montana after 20 years… McElyea. [Read more…]
Securities, failed mining scheme
SECURITIES: Investors timely sued failed mining scheme under Securities Act’s 2-year statute… added investors claims relate back to original complaint… seller established no material fact demonstrating reasonable care… assay company improperly dismissed for lack of personal jurisdiction… Sandefur affirmed, reversed. [Read more…]
Insurance, settlement release, UIM insurer prejudice
INSURANCE: Tortfeasor has sufficient assets that Plaintiff’s settlement release prejudiced her UIM insurer, precluding UIM recovery… Sherlock. [Read more…]
Child support, estate’s obligation, fraud/emotional
CHILD SUPPORT: Ex-wife may not recover distress damages arising from new wife’s alleged fraudulent transfers to avoid husband’s estate’s obligation to pay support… support for 1 child properly terminated upon graduation per parenting plan, estate obligated to [Read more…]
Real estate, constructive fraud/deceit/negligence
REAL ESTATE: Constructive fraud/deceit claims properly dismissed, but for lack of sufficient evidence to defeat summary judgment, not because injuries resulted strictly from breach of buy-sell… negligence claim for damages during occupancy of [Read more…]
Defense verdict, discharge, dental assistant
VERDICT: Defense, wrongful discharge, dental assistant. [Read more…]
Inherently dangerous, juvenile facility counselor
INHERENTLY DANGEROUS: Counselor at state-contracted juvenile facility is inherently dangerous activity, State potentially liable for assault injuries from escape attempt… Seeley. [Read more…]