JURISDICTION: Cert declined over Montana Supreme Court’s ruling that whether Oklahoma corporation is subject to Montana specific jurisdiction in suit stemming from ND oil well death of Montanan depends on whether Plaintiff can prove at trial liability for torts of independent contractors… order. [Read more…]
$120 million+ settlement, Big Tobacco breach of contract
SETTLEMENT: $120 million+ to State from Big Tobacco for breach of contract and tort claims for allegedly intentionally evading obligations under 1998 Master Settlement Agreement. [Read more…]
Pleadings, wind farm suit amendments, counterclaims
PLEADINGS: Ranchers’ amendments to Answer in opposition to neighbors’ challenge to wind farm properly denied as untimely but counterclaims alleging abuse of process improperly dismissed with prejudice as compulsory, may be asserted in independent action… Oldenburg affirmed, reversed. [Read more…]
Appeal procedure, expedited tobacco briefing request
APPEAL PROCEDURE: State’s request to halve briefing schedule in appeal of arbitration denial in light of alleged (and denied) delay tactics denied, but no routine extensions to be granted… order. [Read more…]
Jurisdiction, Oklahoma corporation, ND oil well death
JURISDICTION: Whether Oklahoma corporation is subject to Montana specific jurisdiction in suit stemming from ND oil well death of Montanan depends on whether Plaintiff can prove at trial liability for torts of independent contractors… Rieger reversed. [Read more…]
Wind farm suit dismissed without prejudice
WIND FARM: Suit to halt proposed 79.9 MW project dismissed without prejudice following preliminary injunction and developers unable to obtain financing as a result dropped out… landowners’ counterclaims dismissed as untimely compulsive… Oldenburg. [Read more…]
Insurance, additional insured, well death
INSURANCE: Endorsements to well contractor’s CGL policy did not extend additional insured status to owner seeking coverage for death of flow tester, no duty to defend/indemnify… Laird reversed. [Read more…]
Wind farm, preliminary injunction
WIND FARM: Preliminary injunction granted halting proposed 79.9 MW project on farm land pending trial… $50,000 cash bond allowed over request for $181 million… Oldenburg. [Read more…]
Auto dealership, denial of same line-make franchise
AUTO DEALERSHIP: Proposed same line-make franchise within mile of existing franchise properly denied for lack of good cause. . . Orr/Gustafson affirmed. [Read more…]
Personal jurisdiction, ND oil well death
JURISDICTION: Hearing required to determine if Oklahoma corporation subject to Montana personal jurisdiction in suit stemming from ND oil well death… Bidegaray reversed. [Read more…]