FORECLOSURE/VEXATIOUS LITIGANT: Summary judgment properly granted to credit union as to all lending breach claims based on issue/claim preclusion, Plaintiff corporation properly declared vexatious litigant with filing restriction on corporation and shareholders… Allison affirmed (memorandum). [Read more…]
Officers shooting death, §§ 1983/2-9-305(5) immunity
OFFICERS SHOOTING: §1983 claim against City officers who killed erratic, aggressive, threatening person barred by qualified immunity… state law tort claims barred by MCA 2-9-305(5) immunity from individual liability… Cavan/Watters. [Read more…]
Verdict, defense, City liability in officers shooting death
VERDICT: Defense (49% liability by City, 51% by Decedent), officers shooting death. [Read more…]
$850,000 verdict, easement disputem, false imprisonment
VERDICT: $100,000 compensatory and $750,000 punitives for false imprisonment awarded to Defendant/Counterclaimant in easement dispute… Defendant justified in using force against Plaintiff (attorney fees sought under this claim)… Plaintiff’s claims of battery, IIED, trespass rejected. [Read more…]
Officer shooting death, defense verdict
OFFICER SHOOTING DEATH: Defense verdict in “suicide by officer” case affirmed… Dayton affirmed. [Read more…]
Defense verdict, officer shooting death
VERDICT: Defense, officer shooting death. [Read more…]
Preliminary injunction, dissipation of assets
PRELIMINARY INJUNCTION properly issued enjoining dissipation of marital assets to protect alleged child sexual abuse victim’s potential monetary recovery… Lint affirmed (IOR I-3(c)). [Read more…]
Attorney fees, $667,250, $2 million mobile park death
ATTORNEY FEES: $667,250 fees, $35,800.08 costs, awarded following $2 million gross verdict for death of child crushed by speeding driver in trailer park… Christopher. [Read more…]
$2 million verdict, trailer park vehicle crush death
VERDICT: $2 million gross (80%/15% fault by Defendants, 5% by Plaintiff), wrongful death/survivorship, child crushed by speeding driver in trailer park. [Read more…]
Attorney fees, house contract/lien claims
ATTORNEY FEES: All of home subcontractor’s $120,981.05 fees improperly assessed against owner’s construction lien bond following $1,838,000 verdict against general contractor on contract claims… Manley reversed. [Read more…]