TOBACCO SALES: Challenge to AG’s ban on sale of all of Canadian manufacturer’s products in Montana due to alleged adulteration/misbranding of 8 withdrawn products likely to succeed on FDA preemption claim, preliminary injunction improperly denied… Morris reversed (memorandum). [Read more…]
FTCA, charred tree fall death/injuries on FS road
FTCA: Charred tree fall death & injuries on forest road barred by discretionary function exception… Molloy affirmed (memorandum). [Read more…]
$59,525 net verdict, massage therapist retaliation
VERDICT: $64,000 to resort massage therapist for retaliation and wrongful discharge stemming from objecting to male clients wanting “something more”… Defense verdicts as to disability and sex discrimination and punitives and $4,475 on counterclaim for Plaintiff’s breach of loan. [Read more…]
Insurance, equitable estoppel, insurer v. insurer
INSURANCE: Equitable estoppel improperly applied in dispute between insurers, remanded to determine whether this litigation with settlement between MVA Plaintiffs and primary insurer presents a single claim governed by $1 million “each Claim” limit or multiple (class) claims governed by $3 million aggregate limit… damages stemming from primary insurer’s failure to conduct a made-whole analysis for class members are not precluded by indemnification “Loss” exclusion for contract damages (first impression)… Seeley reversed, affirmed. [Read more…]
$2,998.962.51, usurious merchant cash advance financing
AVOIDANCE CLAIMS involving preference & usury claims arising from merchant cash advance financing of restaurants resolved in favor of Trustee… Trustee entitled to recover money in segregated account plus attorney fees for total judgment of $2,998,962.51 subject to conditional reduction of any imputed interest included in preference judgment… Holt. [Read more…]
Banking, hospital patient refunds via debit cards
BANKING: Claims against hospital for issuing patient refunds via prepaid debit cards properly rejected on summary judgment… Todd affirmed. [Read more…]
Attorney fees, $511,463 v. $3,610,386 requested, class
ATTORNEY FEES: $511,463.40 properly awarded to 2 Class Counsel following settlement of University System employee benefits class action, over requested $3,610,386… Plaintiffs entitled to post-judgment interest despite refusing to accept pending appeal… R. McElyea affirmed. [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…]
ERISA, inconsistent preemption defense
ERISA: Health insurer improperly allowed to add ERISA preemption after MVA Plaintiff and class pursued benefits under state law based on initial representation that it was not an ERISA plan… Seeley reversed. [Read more…]