PROBATE: New wife failed to carry burden to modify formal testacy order which failed to give effect to untimely “2nd codicil”… McElyea affirmed. [Read more…]
Foreign judgment, Washington v. Montana law
FOREIGN JUDGMENT subject to Washington law, not renewable in Montana after 20 years… McElyea. [Read more…]
Bankruptcy, free & clear unexpired leases
BANKRUPTCY: Sale of Debtor’s property was free & clear of unexpired leases (adopting 7th Circuit’s harmonizing 363(f) and 365(h))… Haddon affirmed. [Read more…]
Skier Responsibility, tree well death
SKIER RESPONSIBILITY: Tree wells not “inherent danger or risk of skiing” under statutes at time of 2010 death as made clear by 2015 amendment specifically including tree wells… whether decedent was skiing within his ability at time of accident, whether operator exercised reasonable care to warn of tree wells, decedent’s awareness of tree wells, causation, whether malice existed to support punitives, all fact questions for jury… Molloy. [Read more…]
Volunteer immunity, exchange student’s ski death
VOLUNTEER IMMUNITY: Host family immune from liability for exchange student’s death from falling into tree well… Molloy. [Read more…]
Bankruptcy, untimely appeal, standing
BANKRUPTCY: Appeal of Kirscher’s dismissal of liquidation plan properly dismissed as untimely… no appellate standing as to confirmation order or exculpation clause… Haddon affirmed (unpublished). [Read more…]