ECONOMIC ADVANTAGE: Comp insurer’s claims against competitors properly rejected on summary judgment for failure to establish quantifiable damages including to reputation… Sherlock affirmed. [Read more…]
FELA, release rescission, supervisory control
FELA: Supervisory control of Macek denied as to grant of FELA release rescission… order. [Read more…]
Bench judgment, Flathead Lake property partition
BENCH JUDGMENT: Sisters’ Flathead Lake property partitioned following Supreme Court ruling that hearing is required on referees’ report… partition proposed by referees including bisecting cabin set aside as substantially inequitable, partition proposed by [Read more…]
CERCLA, smelter contribution, $99,294,000 decree
CERCLA: ASARCO’s request for contribution from Atlantic Richfield for $99,294,000 paid under 2009 consent decree for East Helena Site barred by 3-year statute… Christensen. [Read more…]
Social worker negligence, expert, removal of child
SOCIAL WORKER NEGLIGENCE: Claims against State for removing girls from mother without adequately investigating report of psychological abuse dismissed for lack of expert as to standard of care of investigator… Reynolds. [Read more…]
Insurance, church sex abuse, policy period
INSURANCE: No duty to defend/indemnity Diocese for alleged sex abuse which occurred prior to 1/1/77 under occurrence-based certificates or that occurred before 7/1/90 under claims-made certificates… unreasonable to require coverage for events that [Read more…]
Childhood sex abuse, statute of limitations
CHILDHOOD SEX ABUSE: Summary judgment on statute of limitations precluded by fact issues as to when Plaintiffs connected claimed physical/psychological problems to abuse by scout leader 40 years ago… Reynolds. [Read more…]
Settled party defense, constitutionality
SETTLED PARTY DEFENSE: Supervisory control denied as to Pinski’s denial of constitutional challenge to 27-1-703… order. [Read more…]
Discrimination, hospital rates, uninsured patient
DISCRIMINATION: Worker with no health insurance allegedly due to poverty allowed to pursue claim that hospital discriminates based on “social condition” per Art. II §4 by charging her more than insured [Read more…]
Rule 11 sanctions, $1.1 million med-mal settlement
RULE 11 SANCTIONS sought by $1.1 million med-mal settlement Plaintiff against Defendants’ lawyers and insurers rejected on judgment on pleadings as collaterally estopped by J. Brown’s ruling that Defendants had legitimate grounds for unsuccessful attempt to rescind based on alleged fraud… Court shocked by brazen attempt of Plaintiff to [Read more…]