RAILROAD IN LIMINE RULINGS… Eddy. [Read more…]
Railroad strict liability
RAILROAD LIABILITY: BNSF strictly liable for abnormally dangerous activity vis-à-vis hauling amphibole asbestos in Libby… evidence of Grace’s conduct admissible for background and context but not to negate liability… Eddy. [Read more…]
Discovery, default on liability, RR discovery abuse
DISCOVERY: Default on liability & causation granted against RR in bad faith case for discovery abuses, with trial to proceed on damages including punitives. . . Bidegaray. [Read more…]
Attorney disqualification, FELA bad faith
ATTORNEY DISQUALIFICATION: Supervisory control of Bidegaray to disqualify FELA Plaintiff’s attorneys in bad faith suit following $1.7 million judgment denied (order). [Read more…]
Stay, forum non conveniens, Libby asbestos
STAY: Libby asbestos insurance coverage suit filed in Montana by BNSF against 3 insurers stayed pursuant to forum non conveniens in light of Texas litigation… lack of necessary/indispensable parties, first to file, crowded Montana docket not reasons for stay… Moses. [Read more…]
Removal, insurer/adjuster bad faith, joinder
REMOVAL: Remand of bad faith suit against insurer and adjuster on the basis of asserted defects in removal notice denied under 1988 amendments to Title 28, but granted on basis that Complaint alleged sufficient facts to state claim of unfair settlement practices by adjuster, Defendants’ failure to show that joinder should be deemed fraudulent… Morris. [Read more…]
Statute of limitations, radiologists/hospital
STATUTE OF LIMITATIONS improperly decided on pleadings radiologists dispute… Reynolds reversed. [Read more…]
Seatbelt ejection claims, no evidence
SEATBELT case dismissed for failure to produce evidence that driver with no memory of rollover ejection was wearing defective seatbelt… Deschamps. [Read more…]
$200,842 verdict, work comp fraud/negligence
VERDICT: $200,841.75 (75/25) against HUB, summary judgment for MSF, constructive fraud/negligence claims by Montana drilling company as to comp coverage for work in Alaska. [Read more…]
Acknowledgment/sanctions, $268,436 verdict
ACKNOWLEDGMENT/SANCTIONS: Acceptance of $268,435.94 judgment on MVA verdict waived right to appeal denial of new trial on damages for emotional distress, enjoyment of life, and future medicals associated with prescription drug… admitting in deposition to conduct that constituted traffic violations did not merit 37(c)(2) sanctions for denying in discovery violation of statutory provisions… Larson affirmed (opinion & order). [Read more…]