EQUINE NEGLIGENCE claims relating to injuries from horse stumble properly rejected on summary judgment… Halligan affirmed. [Read more…]
$1,344,214.79 default judgment, horse bucking injuries
DEFAULT: $1,344,214.79 Default Judgment not set aside as registered agent was aware of contents of Complaint and Summons and no explanation for failure of Defendant to timely respond… Ohman. [Read more…]
Nursing home malpractice, COVID-based death claims
NURSING HOME MALPRACTICE: Nursing home not immune from COVID-based claims of estates of deceased patients under Public Readiness & Emergency Preparedness Act, motion to dismiss denied… Cavan/Watters. [Read more…]
Disability discrimination, surgery schedule dishonesty
DISABILITY DISCRIMINATION: Clinic justified in firing RN for lying about disseminating confidential surgery schedule which she had taken to bolster claim of being overworked as retaliation for a previous HR complaint, regardless of whether prior discipline and investigative interactions or removal of the schedule were protected activities… no abuse of discretion in not compelling discovery of 600 emails even if not privileged… $9,370.59 costs properly awarded over Plaintiff’s argument that it could dissuade others from meritorious HR suits… Spear/HRC/Jones affirmed. [Read more…]
Negligent spoliation, salvage death vehicle
NEGLIGENT SPOLIATION: Claim that insurer had duty to retain salvage death vehicle in anticipation of potential tie rod suit against manufacturer rejected under Montana (not ND) law. . . Cavan. [Read more…]
Dental inventions, exploited inventor
DENTAL INVENTIONS: Texas dental hygienist’s claims against Missoula Defendants for exploiting her orthodontic flossing and toothbrush inventions survive as to fraud and deceit over statute of limitations defenses, dismissed as to interference with contract and business relations for failure to state claim… Halligan. [Read more…]
Attorney fees/costs, Texas dental case dismissal
ATTORNEY FEES/COSTS: Defendants’ Rule 41(d) motion for fees & costs for dental inventor’s Texas action which was dismissed for forum non conveniens prior to filing Montana suit dismissed as lacking legal merit… parties cautioned to carefully examine law and facts in their presentations… Halligan. [Read more…]
Hotel development, side-stepped “partner”
HOTEL DEVELOPMENT: Unjust enrichment, conspiracy, and other claims against bank and purported partner/joint venturer by side-stepped initiator of multi-million dollar hotel project dismissed as to bank, allowed in part and dismissed in part as to purported partner… Eddy. [Read more…]
$1,483,449 attorney fees, coal tract transfer
ATTORNEY FEES: $1,483,449 fees/costs recommended by Strong approved by Christensen for decades of stonewalling by US which forced Plaintiffs to litigate statutory right to coal tract transfer, over objection by US to rates of $500 for 1 attorney, $300 for 6. [Read more…]
$1,483,449 attorney fees/costs, coal tract transfer
ATTORNEY FEES: $1,483,449.12 fees/costs recommended (of $2,079,229 sought) for decades of stonewalling by US which forced Plaintiffs to litigate statutory right to coal tract transfer in which they received $5,536,000 worth of coal… amount [Read more…]