VEHICLE MISREPRESENTATION claims settled in binding emails regardless of no formal release, remedy for failure to perform lies in contract such as rescission… Menahan affirmed (memorandum). [Read more…]
Bench judgment, $12,410,016, snowplow/auto, TBI
BENCH JUDGMENT: $12,410,016.11 for 32-year-old suffering TBI from County snowplow running stop sign and slicing into her vehicle… Rienne McElyea. [Read more…]
Insurance, snowplow/auto, $750,000 liability cap
INSURANCE: Supervisory control of McElyea’s ruling that County’s insurer in snowplow/auto MVA cannot rely on §2-9-108(1) $750,000 liability cap because policy contains limits in excess of cap denied… order. [Read more…]
$2 million settlement, jail death
SETTLEMENT: $2 million, jail death, alleged failure to provide medical care, common law negligence/§1983. [Read more…]
CBA, Billings police longevity pay
CBA: Billings PD CBAs unambiguous that longevity shall be added to officers’ hourly rate… Swandal. [Read more…]
Arbitration, grain contracts, NGFA, choice of law
ARBITRATION: Bulk grain purchaser failed to establish as matter of law that purported referenced NGFA arbitration provision is not contract of adhesion as alleged by producers or that Oregon choice of law is valid, 12(b) motion to [Read more…]