ONCOLOGIST TERMINATION: Health Care Quality Improvement Act properly held to immunize hospital and physicians from damages arising out of peer review of suspended oncologist… Menahan affirmed. [Read more…]
12(b)(6) dismissal, inverse condemnation/taking
12(b)(6) DISMISSAL: Sufficient facts and allegations pled to survive dismissal of inverse condemnation and taking claims stemming from removal of bridge that had been erroneously permitted… Wilson reversed. [Read more…]
$3.2 million verdict, solar power purchase agreements
VERDICT: $3.2 million, breach of solar power purchase agreements… retrial on remand from reversal of $480,000 verdict. [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…]
$574,791 attorney fees, Siebel historic residence restoration
CONSTRUCTION CONTRACT: $574,791 attorney fees and $72,101 prosecution costs awarded on top of previously awarded $1,475,638 damages and $482,715.12 pre-award interest for Tom Siebel’s breach of contract for Bozeman contractor’s renovation of historic residence on Lake Tahoe… Construction Industry Tribunal. [Read more…]
Solar contracts, $480,000 verdict reversed, remanded
SOLAR CONTRACTS: Judge erred by sua sponte excluding Plaintiff’s other projects and development fees and in instructing that jury could award lost profits for NWE’s breach of contract to purchase electricity after PSC suspended NWE’s standard rate… $480,000 verdict reversed, remanded for new trial on recovery of development fees… claim of judicial bias warranting reassignment on remand rejected… Haddon reversed (memorandum). [Read more…]
Solid waste, landfill expansion in wetlands
SOLID WASTE: City landfill expansion properly granted in wetlands area leading to Yellowstone River over objections from owners of adjacent public park… DEQ/Davies affirmed. [Read more…]
Insurance, Aircraft/Auto/Watercraft exclusion
INSURANCE: Aircraft, Auto or Watercraft exclusion both unambiguous and enforceable following certified question as to effect of failure to follow Policy Simplification Act in trailer/vehicle death case… Molloy reversed (memorandum). [Read more…]
Insurance, Policy Simplification Act certified answer
INSURANCE: Despite failure to follow Policy Simplification Act table of contents/notice provisions an insurer may rely on unambiguous exclusions when invalidating would increase the risk assumed… 9th Circuit certified question answered… Molloy reversed. [Read more…]
Insurance, Policy Simplification Act question certified
INSURANCE: Question certified to Montana Supreme Court whether, when a policy that does not include a table of contents or notice section of important provisions in violation of Policy Simplification Act, the insurer may rely on unambiguous exclusions or limitations to coverage given that §33-15-334(2) provides that 337(2) is “not intended to increase the risk assumed under policies subject to” its requirements… order. [Read more…]