PROPERTY TAXES: Judge erroneously substituted his opinion for DOR’s in ruling that its mass appraisal methodology was unlawful… Wilson reversed. [Read more…]
$2,850,000 settlement, Chamber Choices class action
SETTLEMENT: $2,850,000 settlement of Chamber Choices litigation including $950,000 fees for Class Counsel approved… Halligan. [Read more…]
Subdivision, inverse condemnation, floodplain culverts
SUBDIVISION: Inverse condemnation and other claims related to MDT’s failure to install larger culverts during road reconstruction resulting in subdivision in 100-year floodplain having to construct large detention pond properly rejected on summary judgment… Berger affirmed. [Read more…]
Successor liability, complex healthcare entities
SUCCESSOR LIABILITY: Health Care Service Corp. is not corporate successor to Blue Cross & Blue Shield of Montana following 2013 transaction such that it can be liable for latter’s alleged wrongful premium billing practices… Halligan. [Read more…]
Arbitration, Health Care Sharing Ministry, “insurance”
ARBITRATION: Health care sharing ministry Member Guide is an insurance contract… Montana law prohibits arbitration clauses in insurance contracts and the McCarren-Ferguson Act reverse-preempts the FAA… HCSM providers’ motions to compel arbitration denied…. Haddon. [Read more…]
Class certification, “Chamber Choice” health insurance
CLASS CERTIFICATION granted for wrongful premium overcharge claims relating to “Chamber Choices” health insurance program… Halligan. [Read more…]
Insurance, “Chamber Choices,” kickbacks, unconsented
INSURANCE: Claims relating to “Chamber Choices” health insurance program survive motion to dismiss based on alleged law of case vis-à-vis Federal Court disposition of ERISA theory, negligent misrepresentation pleading requirements… Halligan. [Read more…]
Health insurance, “Chamber Choices,” ERISA, state law
HEALTH INSURANCE: Claims against “Chamber Choices” health insurance program for assessing surcharges that were kicked back to Chamber of Commerce and charges for insurance products without consent of small businesses properly rejected as not subject to ERISA… state law claims improperly dismissed without opportunity to amend to state fraud allegations with greater particularity or file in State Court… Christensen affirmed, reversed. [Read more…]
Casino lessee eviction, lost profits, punitives, fees
CASINO LESSEE EVICTION: Compensatory (lost profits), punitives, interest awards affirmed, reversed. . . attorney fees properly awarded under LLA. . . Seeley affirmed, reversed. [Read more…]
Default, casino eviction, attorney negligence
DEFAULT: Motion to set aside default and default judgment in casino property eviction case based on prior counsel’s alleged “utterly horrible and gross negligence” properly denied, but remanded for recalculation of $2,083,171 damages award… Seeley affirmed, reversed. [Read more…]