MEDICAL MALPRACTICE: Summary judgment improperly granted to OB/GYN for failure to present sufficient expert testimony relating to newborn brain injuries… Best reversed. [Read more…]
Constitutional initiative, CI-116, separate votes
CONSTITUTIONAL INITIATIVE: CI-116 (Marsy’s Law) violative of Constitution’s separate vote requirement, void in entirety… original proceeding. [Read more…]
Real estate, Freddie Mac/agent liability for fall
REAL ESTATE: Freddie Mac, as possessor of property where Plaintiff fell through basement access, had duty to use ordinary care in maintaining the property in a reasonably safe condition and warn of hidden/lurking damages… unrelated buyer’s agents who had previously seen the opening did not have a duty… Molloy. [Read more…]
Insurance, employer as additional comp insured
INSURANCE: Employer additional insured under umbrella entity’s comp policy, entitled to immunity under §30-71-411 from claim by Plaintiff who previously received $207,145 comp… Neill. [Read more…]
Bridge repair, truck collision, MDT “indirect costs,”
BRIDGE REPAIR: MDT entitled to $27,380 “indirect costs” — 12.25% of contractor’s charge for repairing interstate overpass damaged by oversized truck… first impression…. Sherlock. [Read more…]
Securities fraud, derivative, pre-suit demand
SECURITIES FRAUD: Claims are derivative, require pre-suit demand under Montana or Delaware law… demand a substantive right under Delaware law, complaint dismissed without prejudice to refiling that meets futility requirement or after pre-suit demand… CPA claim [Read more…]