Montana Law Week

The Weekly Digest of Montana Law

Attorney fees, $532,662 fees & costs, flooring litigation

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ATTORNEY FEES: $532,662.35 fees & costs awarded 3rd-party Defendant flooring subcontractor and against Defendants/Counterclaimants contractor, realtors, and their joint counsel in convoluted litigation over hardwood flooring finish… subpoena for discovery as to whether fees or costs were paid by insurer denied as irrelevant to reasonableness… motion for relief from sanctions denied… Larson. [Read more…]

Rule 59, emotional damages from theft of vehicle

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RULE 59 motions by both sides following rejection of $62,750 emotional damages stemming from theft of vehicle from tire shop untimely, Plaintiffs’ motion for new trial to resurrect tactically dismissed NIED claim denied… Defendant’s motion converted to 60(b)(6) to allow amendment of judgment to only $2,278.43 bailment damages… Molloy. [Read more…]

Emotional distress, parasitic damages, rehearing denied

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EMOTIONAL DISTRESS: Rehearing denied as to 9th Circuit certified question answer that parasitic emotional distress damages not available for personal property negligence claim which “reversed” $62,750 verdict for “unspecified, non-property damages” stemming from theft from tire shop of vehicle containing gun, ammunition, documents with home address, house keys… order. [Read more…]

Emotional distress, personal property damage/loss

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EMOTIONAL DISTRESS: Parasitic emotional distress damages not available for negligence claim for personal property damage or loss… certified question answered for 9th Circuit… $62,750 verdict for “unspecified, non-property damages” stemming from theft from tire shop of vehicle containing gun, ammunition, documents with home address, house keys “reversed”… Molloy “reversed.” [Read more…]