LEGAL MALPRACTICE: Plaintiff properly held not to have pled viable malpractice claim because advice in 2020 could not have caused him to extinguish his right of survivorship which was extinguished in 1987 when he conveyed a life estate to his stepmother… Seeley affirmed. [Read more…]
$22 million verdict, product liability, helicopter crash
VERDICT: $22 million product liability damages, $8 million offer of judgment for Estate of helicopter pilot killed in crash while fighting fire in Oregon. [Read more…]
Unfair labor practice, failure to timely file
ULP claim properly dismissed for failure to file within 6-month statute and prior to exhaustion of grievance process… Marks affirmed. [Read more…]
Emotional distress, witnessing daughter’s deposition
EMOTIONAL DISTRESS claims by father based on his trauma of witnessing deposition questioning of his child in wrongful death suit brought by father in death of his wife properly dismissed pursuant to Rule 12(b)(6) without converting to summary judgment… Cuffe affirmed (memorandum). [Read more…]
Contract, fees for failure to defend v. indemnification
CONTRACT: Defendant in lease suit entitled to attorney fees & costs from Co-Defendants for failure to defend him pursuant to Agreement… not precluded by majority rule adopted in ARCO (Mont 1991) as he seeks damages for failure to defend, not fees & costs related to establishing indemnification… Marks. [Read more…]
Malicious prosecution, rifle barrel trademark infringement
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…]
$488,291 verdict, farm house lease, legal malpractice
VERDICT: $388,921 for breach of lease of farmhouse that was destroyed by fire, $100,000 for legal malpractice in connection with the underlying representation.
Underlying facts from Konesky (Mont. 2021). [Read more…]
Verdict, $1.2 million/$400,000, telecoms merger
VERDICT: $1.2 million to Plaintiffs, $400,000 to Defendants/Counterclaimants, breach of contract to merge telecommunications companies. [Read more…]
Evidence/procedure, Rule 62.1 indicative, new evidence
EVIDENCE/PROCEDURE: Jurisdiction lacking over Rule 60(b) motion following notice of appeal… Rule 62.1 indicative motion properly denied as “new evidence” in boat shooting was inadmissible hearsay and not obtained with reasonable diligence… Recht affirmed. [Read more…]
Boat shooting claims against marital rival
BOAT SHOOTING claims against marital rival properly dismissed on summary judgment… Recht affirmed (IOR I-3(c)). [Read more…]