REAL ESTATE SALE: Evidence of scheme to acquire ranch for substantially less than husband in divorce action should have listed it for, that husband breached duties as trustee and [Read more…]
Attorney fees, $371,513, covenants challenge
ATTORNEY FEES: Subdivision developers awarded $371,513 fees & costs in successful challenge of lot owner’s attempt to amend covenants to prevent developers from developing their retained large lot after 37 other owners settled for $157,500 [Read more…]
Settlement enforcement, emailed MOU
SETTLEMENT ENFORCEMENT: Emailed MOU is written, electronically signed, settlement reached at mediation of Colstrip pollution claims, attempt by one ranch to repudiate following tax advice properly rejected… MOU not improperly “re-written” to change purchase option to first refusal… [Read more…]
Insurance, defend/indemnify, landslide lots
INSURANCE: Insurer has duty under CGL and umbrella policies to defend/indemnify sellers of landslide lots in suit resulting in $2,789,914/$2,883,080 awards including $545,443/$565,707 verdicts [Read more…]
Real estate, landslide lots, $5,672,994 judgment
REAL ESTATE: Treble damages under CPA to Plaintiffs who recovered purchase price of high-end lots on undisclosed active landslide following verdicts of $545,443 and $565,707… attorney fees awarded under contract and CPA, amount to be determined at hearing… other fees/costs including courtroom electronic presentation awarded pursuant to PSAs [Read more…]
Bankruptcy, legal malpractice, Barton doctrine
BANKRUPTCY: Malpractice and other claims against former attorney alleging misconduct as UCC chair and against co-defendant lawyers subject to Barton, District Court lacks jurisdiction as Plaintiff did not seek leave from Bankruptcy Court… Bankruptcy Court not barred by Stern from proposed findings & conclusions… Molloy. [Read more…]
Environment, EPA SO2 emissions actions
ENVIRONMENT: Challenges to EPA’s Montana SO2 actions rejected… EPA affirmed. [Read more…]
$2,091,000 settlement, $697,000 fees, resort
SETTLEMENT: Complex 4-party deal including $2,091,000 payment by resort buyer, alleged fraudulent transfers, resort development divorce dispute… $697,000 fees to Ch. 7 [Read more…]
Summary judgment, title insurance fact issues
SUMMARY JUDGMENT: Title insurance contract disputed fact issues improperly resolved on summary judgment… Salvagni reversed.
Amerimont sought a title policy in the name of prospective buyer Monty [Read more…]
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