JUDGE SUBSTITUTION: Municipal water condemnees improperly denied right of substitution upon reversal of summary judgment in attorney fees dispute… Townsend reversed. [Read more…]
Property taxes, condemned water company tax refund
PROPERTY TAXES: Condemned water company’s request for tax refund properly denied, but because proration did not occur in condemnation proceeding, not on grounds of unjust enrichment… Halligan affirmed (other grounds). [Read more…]
Insurance, painting subcontractor, pollution exclusion
INSURANCE: Even assuming general contractor is additional insured under painting subcontractor’s policy (a close question), pollution exclusion bars coverage for alleged injury through exposure to chemicals in epoxy coatings that painters applied on wastewater plant, no duty to defend/indemnify… Molloy. [Read more…]
$4,985,000 interpleader, MVA death/injuries
SETTLEMENT: $4,985,000 interpleader disbursements to 1 death and 2 injury claimants from insurer of train crew transportation entity, snowplow pass head-on MVA. [Read more…]
Preliminary injunction, flavored vape products
PRELIMINARY INJUNCTION against implementation of emergency rule banning flavored vape products denied, TRO dissolved… Lint. [Read more…]
FELA/LIA/FRSA, $2,171,154.50 verdict rulings, fees
FELA/LIA/FRSA: $2,171,154.50 verdict for termination of conductor who claimed injury in fall from locomotive over RR’s contention that he falsified report of off-work injury upheld… $42,732.47 prejudgment interest added to $500,000 emotional distress award plus $657,107 attorney fees, $81,713.22 expenses, $233,993.70 expert fees, $23,308.94 taxed costs… Christensen. [Read more…]
Conservatorship, incapacitated mother, trust capacity
CONSERVATORSHIP: Mother correctly found incapacitated as of 10/16, lacked capacity to transfer property to Trust… Montana has jurisdiction despite mother being taken to Washington… Christopher affirmed (IOR I-3(c)). [Read more…]
$2,171,154.50 net, terminated injured RR conductor
ERDICT: $2,171,154.50 net including $249,999 punitives, termination of RR conductor who claimed injury on locomotive over RR’s contention that he falsified report of off-work injury. [Read more…]
Eminent domain, litigation expenses, sold interest
EMINENT DOMAIN: Litigation fees incurred after sale of interest in condemned city water system improperly awarded. . . Townsend reversed. [Read more…]
Jurisdiction, consent by registration, railroad
JURISDICTION: A foreign corporation does not consent to general personal jurisdiction by registering to do business and conducting activities in Montana. . . claims against BN by 3 Plaintiffs injured outside Montana properly dismissed for lack of jurisdiction. . . Fagg and Moses affirmed. [Read more…]