INSURANCE: Insurer of State against Libby asbestos claims 7/73-7/75 breached duty to defend, liable for all defense costs incurred after 7/05, amounts of completed settlements as of date each was approved, pre-judgment interest on those amounts, attorney fees/costs incurred by State in this dec action. . . H. Brown. [Read more…]
Contamination, smelter, soil, summary judgment
ENVIRONMENTAL CONTAMINATION: Smelter soil contamination summary judgment rulings affirmed, reversed… Newman affirmed, reversed. [Read more…]
Wrongful occupation, groundwater pollution
WRONGFUL OCCUPATION: MCA 27-1-318 does not prevent pursuit of other claims, but Plaintiffs may not double-recover loss-of-use damages from alleged pollution under wrongful occupation and some other theory such as trespass or nuisance… Molloy. [Read more…]
Stipulations, participation in good faith
STIPULATIONS: Parties not participating in good faith in proposed stipulations, given one more chance to avoid sanctions… Molloy. [Read more…]
$36 million settlement, rail yard contamination
SETTLEMENT: $36 million including $16 million for remediation trust, Livingston rail yard contamination, mid-trial settlement. [Read more…]
Supervisory control, railyard pollution rulings
SUPERVISORY CONTROL denied as to pre-trial rulings by Swandal in railyard pollution suit… order. [Read more…]
Continuing tort, RR contamination, certified
CONTINUING TORT: Contamination that has stabilized as to quantity or concentration but continues to migrate will toll statute until harm no longer reasonably can be abated… certified question from Cebull. [Read more…]
$43 million settlement, asbestos claims against State
SETTLEMENT: $43 million, asbestos disease claims by 1,383 claimants against State stemming from Libby mine, including 1/3 [Read more…]
Insurance, comp exclusivity, corp by estoppel
INSURANCE: “Corporation by estoppel” properly not applied to avoid comp exclusivity as to injured garage door employee… CGL policy and endorsement do not provide coverage to company contracting with door company… whether agent received contract and knew it specified a [Read more…]
Discovery, railyard contamination
DISCOVERY: Supervisory control of McCarter granted as to railyard contamination discovery… parties ordered to attempt to resolve parameters of discovery disputes involving other railyards vis-à-vis Helena yard, blanket protective order vacated, future protective orders may be issued upon showing of good cause… order. [Read more…]