APPEAL FROM JUSTICE COURT timely filed computing 30 days from order denying request from relief from judgment, not from entry of judgment (more than 3 months earlier)… satisfaction of security deposit judgment should be considered substitute for an undertaking in this case… Townsend reversed. [Read more…]
$81,688 sanctions arising out of $1,113 dental bill
SANCTIONS: $81,688.26 fees/costs under Rules 11 & 37 and §37-61-421 against Plaintiff & counsel for abuses in credit defamation suit claiming $650,000 arising out of collection of $1,113.12 dental bill… McLean. [Read more…]
Contract/fraud/civil conspiracy, business sale
CONTRACT/FRAUD/CIVIL CONSPIRACY: Release not obtained by undue influence, release of all claims and payment is valid accord & satisfaction discharging contractual obligations, obviating breach of contract claim… claim of fraudulent misrepresentation of health of principal, value of company, and need to sell time- [Read more…]
Marital, future interest in trust, claimed post-nup
MARITAL: Husband’s interest in mother’s trust contingent until her death, properly excluded from marital estate… not necessary to determine if post-nup agreement existed to pay wife’s credit [Read more…]
Nuisance/trespass, naturally growing tree
NUISANCE/TRESPASS: Naturally growing tree that obstructs view not nuisance under Montana law, but allegation that roots have entered on property states claim for trespass… McLean affirmed, reversed. [Read more…]
$501,008 net verdict, naturopath malpractice
VERDICT: $501,007.68 net (51/49), naturopath malpractice, failure to refer patient with chest pain to cardiac specialist, negligence by patient in failing to continue chelation, heart attack death. [Read more…]