CONTRACT: Defendant in lease suit entitled to attorney fees & costs from Co-Defendants for failure to defend him pursuant to Agreement… not precluded by majority rule adopted in ARCO (Mont 1991) as he seeks damages for failure to defend, not fees & costs related to establishing indemnification… Marks. [Read more…]
Malicious prosecution, rifle barrel trademark infringement
MALICIOUS PROSECUTION claim against carbon fiber rifle barrel manufacturer for filing ultimately voluntarily dismissed trade dress mark infringement proceeding rejected on summary judgment on the basis of probable cause… inadvertently disclosed draft document in email from attorney protected by attorney-client privilege and as opinion work product, not considered on summary judgment… claims of false or fraudulent registration of a trademark and tortious interference with business relations/prospective economic advantage previously dismissed under Rule 12(b)(6)… DeSoto. [Read more…]
$155,685.07 verdict, wrongful discharge, Town official
VERDICT: $155,685.07, wrongful discharge of Town Public Works Director, slander by Town Councilman. [Read more…]
Defense verdict, 4-way stop rear-ender
VERDICT: Defense, 4-way stop rear-end MVA, admitted liability. [Read more…]
Defense verdict, 4-way stop rear-ender
VERDICT: Defense, 4-way stop rear-end MVA, admitted liability. [Read more…]
City refusal to annex farmland for development, “taking”
REFUSAL TO ANNEX: City’s refusal to annex and provide services to farmland which owner wishes to develop did not amount to constitutional taking… Kutzman. [Read more…]
Verdict, $1.2 million/$400,000, telecoms merger
VERDICT: $1.2 million to Plaintiffs, $400,000 to Defendants/Counterclaimants, breach of contract to merge telecommunications companies. [Read more…]
Judge substitution upon reversal of summary judgment
JUDGE SUBSTITUTION: Municipal water condemnees improperly denied right of substitution upon reversal of summary judgment in attorney fees dispute… Townsend reversed. [Read more…]
Defense verdict, police shooting, warrantless entry
VERDICT: Defense, police shooting, alleged unconstitutional warrantless entry/negligence. [Read more…]
Vicarious liability, rape by Child Protection Specialist
VICARIOUS LIABILITY: Claims against State by victim of rape by Child Protection Specialist not viable under respondeat superior, but are viable under nondelegable duty exception… Christensen. [Read more…]