INSURANCE: Motions to dismiss claims involving complex tripartite premium-financed life insurance mostly rejected… Christensen. [Read more…]
Student loan refunds, class action defense verdict
STUDENT LOAN REFUNDS: Defense verdict as to class action against UM affirmed… Vannatta affirmed. [Read more…]
Rape of group home resident, State/home duty of care
RAPE: Developmentally disabled resident of group home who was raped by employee was not owed nondelegable duty of care by the State but was owed duty by the home… Menahan affirmed, reversed. [Read more…]
FTCA/Indians, high-speed pursuit deaths/injuries
FTCA/INDIANS: Material fact issues preclude summary judgment as to discretionary function exception and contributory negligence of drivers of 2 vehicles involved in high-speed pursuit Reservation accidents… Morris. [Read more…]
Inherently dangerous activity, 60-foot roof spans
INHERENTLY DANGEROUS ACTIVITY: Installation of 60-foot long-span roof trusses is inherently dangerous as a matter of law, required special safety precautions to mitigate against the peculiar risks… general contractor potentially liable for injuries suffered by subcontractor’s laborer due to falling truss… Halligan. [Read more…]
Insurance bad faith, 3rd-party common law claims
INSURANCE BAD FAITH: 3rd-party common law claims stemming from delayed payment of settlement of DUI bicycle death not barred under MCA 33-18-242(4) (2023)… Court adopts majority federal rule allowing pleading of punitives in initial complaint even though contrary to MCA… Morris. [Read more…]
Bench judgment, partnership ownership interests
BENCH JUDGMENT: Findings of no material breach of LPA in assignment of interest in Low-Income Housing Tax Credit project without partner’s consent and order of specific performance of Option to purchase affirmed… Morris affirmed (memorandum). [Read more…]
$3,299,499.50 net verdict, motorcycle/left turn van
VERDICT: $3,270,088.96 net ($5,109,514, 64/36 negligence), motorcycle/commercial van, femur/pelvis fractures. [Read more…]