LLC DISSOCIATION: $2,420,000 compensatory damages verdict in favor of farm/ranch LLC and against departing members affirmed, but $80,000 punitives verdict reversed as action arose from Operating Agreement… 8-year contract statute properly applied in “twilight zone of contract and tort law”… dissociation date properly fixed at 2/2/18… departing members’ 2 shares properly valued at $434,000 each with 7.5% interest accruing from 2/2/18… Laird affirmed, reversed. [Read more…]
Public defenders, ordered to assign counsel within 3 days
PUBLIC DEFENDERS: Harris wrongly ordered OPD to assign counsel within 3 working days of order and provide continuous representation… contempt order quashed… order. [Read more…]
Breach of forbearance, seizure of funds, $26,374,576.13
BREACH OF FORBEARANCE: $26,374,576.13 judgment for wrongful seizure of funds from start-up office products business affirmed EXCEPT $7,535,593.18 attorney fees erroneously awarded under Montana law when Michigan law does not allow contract reciprocity fees… Dayton affirmed, reversed. [Read more…]
Police pay, unpaid longevity, other wage claims
POLICE PAY: Judge Rieger correctly determined on remand after applying extrinsic evidence to ambiguous CBAs that Billings does not owe Officers unpaid longevity, but erred in dismissing without consideration other wage claims and related potential penalties/fees/costs… Rieger affirmed, reversed. [Read more…]
Hospital malpractice, $435,518 verdict vacated
HOSPITAL MALPRACTICE: $435,518 verdict for failure to timely remove lung clots filter properly vacated for lack of expert testimony as to standard of care… Cooney affirmed. [Read more…]
Insurance, $2.5 million punitives to $1,064,282.44
INSURANCE: $2.5 million punitives for failure to unconditionally pay UIM to motorcyclist’s estate cut to $1,064,282.44 (4-1 ratio)… attorney expert testimony upheld… new trial not warranted by failure to produce documents during time Plaintiff and attorney conferred as “friends”… Anderson affirmed, reversed (unpublished). [Read more…]
Police pay, longevity, $2,738,145.12 judgment
POLICE PAY: CBAs’ longevity provisions improperly found unambiguous while excluding City’s extrinsic evidence but selectively relying on Officers’… $2,738,145.12 judgment reversed, remanded for retrial with extrinsic evidence… Swandal/Gilbert reversed. [Read more…]
$2,738,145 judgment, police wages/longevity
BENCH JUDGMENT: $2,738,145, failure to properly account for longevity in Billings police wages… Gilbert. [Read more…]
Title insurance, subdivision access
TITLE INSURANCE: Endorsement correctly found to cover losses if future development not accessible via specified roads in existing subdivisions… Huss affirmed. [Read more…]
Indemnity/contribution, airplane death settlements
INDEMNITY/CONTRIBUTION: Airplane insurers who settled Montana crash death claims to which US was not a party do not have right to contribution against US (traffic controllers)… certified questions answered for Utah Federal Court. [Read more…]