CLASS ACTION claims against waste management entity providing undersized dumpsters properly certified over issues of common questions of law & fact and ascertainability of class members in early stage of litigation… Marks affirmed. [Read more…]
Jurisdiction, no CAFA amount-in-controversy jurisdiction
JURISDICTION: GEICO failed to show the amount in controversy necessary to establish jurisdiction under either CAFA or traditional diversity jurisdiction, may present additional evidence and assumptions on remand… Morris reversed (memorandum). [Read more…]
County Indian criminal reimbursement claims
COUNTY INDIAN CRIMINAL REIMBURSEMENT claims properly rejected based on statute of limitations and on summary judgment… Eddy affirmed. [Read more…]
Wastewater discharge, sewer district defense verdict
WASTEWATER DISCHARGE: Defense verdict in suit against water/sewer district alleging discharge of treated but polluted wastewater into Gallatin River without permit affirmed… dismissal of golf course that irrigates with the wastewater reversed… Morris affirmed, reversed. [Read more…]
Class action, CAFA $5 million jurisdiction amount
CLASS ACTION: Summary judgment for insurer in class action alleging failure to advance pay medical and wages vacated and remanded for whether CAFA’s $5 million jurisdiction amount is satisfied, a question raised sua sponte by the Panel… DeSoto/Morris reversed. [Read more…]
Insurance, challenges to GEICO’s subrogation
INSURANCE: Challenges to GEICO’s subrogation practices properly rejected as not allowable under UTPA… Molloy affirmed (memorandum). [Read more…]
Elections, HB 176, SB 169 injunction stay on appeal
ELECTIONS: SOS’s request to stay preliminary injunction prohibiting enforcement of HB 176 and SB 169(2) granted… Moses reversed… order. [Read more…]
Insurance, med-pay advance absent explicit request
INSURANCE: Insurer had no obligation under UTPA to advance-pay 3rd-party medical bills absent explicit request, demand, or claim, also had reasonable basis for not making advance payments… common law bad faith claim time-barred… DeSoto’s 56(a) ruling not precluded by Lynch’s prior 12(b)(6) ruling… DeSoto/Morris. [Read more…]
Insurance, 3rd run at GEICO subrogation rejected
INSURANCE: Third Amended Complaint fails to save previously rejected challenges to GEICO’s subrogation practices, no further amendment allowed… Molloy. [Read more…]
Insurance, subrogation practices, UTPA preemption
INSURANCE: Putative class Plaintiffs’ request for declaratory judgment as to GEICO’s subrogation practices preempted by UTPA, but amendment permitted to bring proper UTPA claim… Molloy. [Read more…]