Montana Law Week

The Weekly Digest of Montana Law

Malicious prosecution, rifle barrel trademark infringement

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MALICIOUS PROSECUTION claim against carbon fiber rifle barrel manufacturer for filing ultimately voluntarily dismissed trade dress mark infringement proceeding rejected on summary judgment on the basis of probable cause… inadvertently disclosed draft document in email from attorney protected by attorney-client privilege and as opinion work product, not considered on summary judgment… claims of false or fraudulent registration of a trademark and tortious interference with business relations/prospective economic advantage previously dismissed under Rule 12(b)(6)… DeSoto. [Read more…]

Breach of forbearance, seizure of funds, $26,374,576.13

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BREACH OF FORBEARANCE: $26,374,576.13 judgment for wrongful seizure of funds from start-up office products business affirmed EXCEPT $7,535,593.18 attorney fees erroneously awarded under Montana law when Michigan law does not allow contract reciprocity fees… Dayton affirmed, reversed. [Read more…]

Child UTV death, parental responsibility, apportionment

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WRONGFUL DEATH: Fact issues preclude summary judgment on liability of ranch Defendants in child UTV death despite Defendants waving banner of parental responsibility and urging decision solely on that principle… summary judgment on liability of parents is granted to extent that they have acknowledged negligence and cause of death, liability to be apportioned among responsible parties… Gilbert. [Read more…]

Breach of forbearance, $34,286,950 supersedeas bond

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BREACH OF FORBEARANCE: Judgment for $26,374,576.13 with 10% post-judgment interest under 2005 statute for breach of bank’s Forbearance Agreement with office products entity reaffirmed… appeal bond set at 130% of amount of Judgment for appeal through Montana Supreme Court (not beyond)… Dayton. [Read more…]

Breach of forbearance, $7,535,593 fees, $8,067,406 interest

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BREACH OF FORBEARANCE: $7,535,593.18 attorney fees, $8,067,405.60 prejudgment interest, $176,063.19 costs awarded on previous $10,595,414.16 judgment for breach of bank’s Forbearance Agreement with office products entity, applying Montana reciprocity law for fees (with 40% contingency), Michigan law for interest, Montana law for costs, plus post-judgment interest at 10% per 2005 statute… Dayton. [Read more…]