37 results for 'court:"USDC Montana"'.
J. Morris denies in part summary judgment in an employment dispute between a former warehouse manager and an employer who fired him. The employer says he was fired for violating a policy against retaliation regarding a conversation with another coworker, but the former manager says he was fired for his challenges with mental health. At this stage, there remains a dispute over which version of events holds the most truth.
Court: USDC Montana, Judge: Morris, Filed On: April 24, 2024, Case #: 4:22cv111, NOS: Other Labor Litigation - Labor, Categories: Employment
J. Christensen grants a preliminary injunction against the Interim Director of the
Montana Department of Transportation over his ability to enforce a durational limit on political signs near highways. The director has promised not to enforce the limit and says that the case is moot, and while it is true that an injunction will have "little functionality" because of the director's decision to not enforce it, the injunction will be issued regardless for the simple reason that those bringing the suit still have the merits of the case on their side.
Court: USDC Montana, Judge: Christensen, Filed On: April 8, 2024, Case #: 6:23cv21, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction
J. Morris allows some claims to proceed against the owner of a "condo hotel" regarding allegations that the hotel uses exclusive leasing arrangements that essentially function as unlawful "tying arrangements." There is enough on the record at this stage to suggest that the owner has used unlawful property declarations regarding their rental management and condominium ownership agreements to which customers have had to agree. While antitrust claims fail for not showing evidence of market power, claims related to the property declarations may proceed to determine if they are unenforceable.
Court: USDC Montana, Judge: Morris, Filed On: April 5, 2024, Case #: 2:21cv95, NOS: Other Contract - Contract, Categories: Antitrust, Property
J. Watters dismisses all employment claims from a former nurse manager who says she was subjected to abuse while working for the Department of Veterans Affairs. This is the second suit the former nurse has brought against the same parties over the same allegations, the first suit of which was dismissed. This suit fails as well, due to the fact that her prior suit bars these claims under the doctrine of claim preclusion.
Court: USDC Montana, Judge: Watters, Filed On: April 3, 2024, Case #: 1:23cv116, NOS: Other Labor Litigation - Labor, Categories: Employment
J. Christensen dismisses civil rights claims against Flathead County in a dispute brought by a woman who was shot by police during a standoff with her barricaded inside a trailer and armed with a pistol. She has not brought forward any evidence that shows she was shot as a result of poor training or any unlawful policies installed by Flathead County, shielding the county from the claims. She is given the chance to amend her claims to attempt to show how the county could be held liable.
Court: USDC Montana, Judge: Christensen, Filed On: April 1, 2024, Case #: 9:23cv65, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
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J. Morris denies a motion for a preliminary injunction against the owner of a golf course after an environmental group claimed there were ponds on the course that were being improperly filled with reclaimed water, among other claims of improper water usage. The group is not likely to succeed on the merits of its case, largely due to the fact that it has not been able to show that the ponds constitute "point sources" that discharge pollutants. Without any more specifics that would bolster the case, the group has not met the high bar of justifying a preliminary injunction.
Court: USDC Montana, Judge: Morris, Filed On: March 6, 2024, Case #: 2:23cv26, NOS: Environmental Matters - Other Suits, Categories: Environment, Water, Injunction
J. Molloy finds in favor of an insurance company in a dispute as to whether the company must pay for damages stemming from the construction of a floor pool on a property that caused soil erosion damage to the nearby area. There are several policy exclusions in the relevant agreement with the insurance company that bar coverage of the damages, and the company is not required to issue any payments under the policy as a result.
Court: USDC Montana, Judge: Molloy, Filed On: March 1, 2024, Case #: 9:22cv193, NOS: Insurance - Contract, Categories: Insurance
J. Molloy denies in part the University of Montana's request to dismiss claims from students who say they were wrongfully classified as non-resident students for the purposes of their tuition and other fees. Claims over the university's policy of classifying them as non-resident students against the board members are tossed due to the board members having legislative immunity. The remaining claims proceed because there have been enough "general factual allegations" that make it plausible the policy violates established tuition law.
Court: USDC Montana, Judge: Molloy, Filed On: February 23, 2024, Case #: 9:23cv79, NOS: Education - Civil Rights, Categories: Education
J. Morris dismisses all class insurance and RICO claims against several medical service providers and medical lien companies from consumers who say the companies use practices that prevent them receiving notification of any medial liens against them. The complaint, which has already been tossed twice, fails to point to a single "legally cognizable injury" that was born from the companies breaking the law. With no standing or opportunities to amend left, the complaint is tossed in its entirety and the case is directed to be closed.
Court: USDC Montana, Judge: Morris, Filed On: February 20, 2024, Case #: 4:21cv92, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Insurance, Class Action, Racketeering
J. Watters denies in large part a motion to dismiss several securities and contract claims against an oil company and its president from the president's sister. The sister claims that despite her having an ownership in the company, the president has used the company to benefit himself and his family to the detriment of his sisters, violating a trust as a result. Neither party has shown that any of the "triggering events" have happened yet, meaning the statute of limitations period has not even begun. Some claims are tossed, such as a misapplication of corporate assets claims, for being derivative of others.
Court: USDC Montana, Judge: Watters, Filed On: February 14, 2024, Case #: 1:23cv59, NOS: Stockholders’ Suits - Contract, Categories: Securities, Contract
J. Morris denies an environmental group's request for a preliminary injunction against the owners of a ski resort and golf course over claims that the owners discharge nitrogen pollution into the Gallatin River. The court has already ruled against the environmental group on the grounds that their claims are barred by a prior consent order, and their request for an injunction is equally barred. Any attempts to make future similar motions, without any new facts to support them, will be "construed unfavorably."
Court: USDC Montana, Judge: Morris, Filed On: February 13, 2024, Case #: 2:23cv28, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Watters denies the employer summary judgment on the employee's wrongful discharge claim alleging that he was fired without good cause. The company says he was fired for giving out an improper loan, but at this stage, there remain genuine disputes over whether the firing was pretextual and how many people knew about the alleged improper loan.
Court: USDC Montana, Judge: Watters, Filed On: January 30, 2024, Case #: 1:22cv52, NOS: Other Labor Litigation - Labor, Categories: Employment
J. DeSoto partially dismisses securities claims against a founder of a CBD company from an investing company that claimed it was defrauded of approximately $750,000 by being fed false statements in order to entice its investment. While the investing company has shown evidence of loss stemming from its investment, it has not shown how exactly the statements provided to it were false or how the CBD owner misused the investment funds.
Court: USDC Montana, Judge: DeSoto, Filed On: January 9, 2024, Case #: 1:22cv99, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Securities
J. Morris finds in favor of Spanish Peaks after environmentalists claimed they were discharging nitrogen into the Gallatin River and using sprinklers on ski runs to discharge wastewater. The claims are barred due to the fact that a consent order, into which the environmental group entered, had already settled the claims and shields the company from being sued again.
Court: USDC Montana, Judge: Morris, Filed On: December 20, 2023, Case #: 2:23cv28, NOS: Environmental Matters - Other Suits, Categories: Environment, Settlements
J. Morris finds in favor of the native tribe in a dispute with a company that was leased Indian trust land to operate a campground near Glacier National Park. The campground operator eventually made a series of late payments, prompting a dispute with the native tribe as to whether the operator violated its lease and questions regarding what responsibility the U.S. Department of Interior Bureau of Indian Affairs (BIA) had in the matter, given that they oversaw the lease agreement. While it is true that the campground operator had a history of delinquency in its ability to make full payments on time with the proper interest, the "incompetence of the BIA" must also be made clear. The BIA gave far too much leeway to the operator despite a long history of late payments, allowing the operator to use the ground even after the lease was seemingly cancelled. This further resulted in the native tribe missing out on years of free use of their land.
Court: USDC Montana, Judge: Morris, Filed On: December 8, 2023, Case #: 4:22cv93, NOS: Rent Lease & Ejectment - Real Property, Categories: Native Americans, Contract
J. Molloy grants in part a preliminary injunction against Montana's regulations that allow for wolf trapping and snaring in occupied grizzly habitats. The regulations, which would have allowed for wolf trapping to start as early as the first Monday after Thanksgiving, are likely to cause incidents where protected grizzly bears could be snared by traps intended for wolves. Wolf trapping and snaring is enjoined in several major areas in the state as a result, except for during the winter time periods were it is likely most of the bears will be in their dens.
Court: USDC Montana, Judge: Molloy, Filed On: November 21, 2023, Case #: 9:23cv101, NOS: Environmental Matters - Other Suits, Categories: Environment, Injunction
J. Morris denies in part summary judgment to Butte-Silver Bow county officials from a former police officer who claims she was subjected to a hostile work environment due to her gender and disability. While some emotional distress claims are tossed for lack of standing, summary judgment on the remaining claims is improper because a reasonable jury could potentially find that the former officer was subjected to repeated instances of harassment, such as when fellow officers drew penises on her car and put tampons in her home and work mailboxes.
Court: USDC Montana, Judge: Morris, Filed On: November 9, 2023, Case #: 2:20cv60, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Christensen finds in favor of a Montana university in a dispute with a former women's basketball coach who claims she was treated and judged more harshly during her time as coach than her male counterparts. The former coach raises several arguments that she claims points to proof of a discriminatory motive, such as alleged altered documents and comments made by other staff, but none of them rise to the evidence needed to support her discrimination claims. The university has also shown they had a valid reason for not renewing her contract.
Court: USDC Montana, Judge: Christensen, Filed On: October 31, 2023, Case #: 9:21cv138, NOS: Employment - Civil Rights, Categories: Employment
J. Morris finds in favor of a son who was providing in-home health care services to his father before his death and claims that an insurance company underpaid benefits owed to them. The son says the insurance company should have paid out benefits under an insurance rider from around 2013 to 2016, while the company only paid out a few months in 2016 after finding they were not qualified for the rest due to their family connection. Under Montana insurance law, however, health care services provided by a family member does not disqualify benefits under an insurance rider. Though benefits are not excluded under the law, further proceedings are called for to determine exactly what, if any, benefits they are entitled to receive.
Court: USDC Montana, Judge: Morris, Filed On: October 30, 2023, Case #: 4:21cv87, NOS: Insurance - Contract, Categories: Insurance
J. Morris dismisses claims that sought to challenge the feds management of the Beaverhead Deerlodge National Forest. Environmentalists challenged the analyses of seven domestic grazing sites in the forest, such as their move to not prepare a supplemental NEPA analysis. But the feds have shown they completed all the required steps in their forest management, and the environmentalists cannot show why an additional hard look under NEPA is needed.
Court: USDC Montana, Judge: Morris, Filed On: October 19, 2023, Case #: 2:23cv12, NOS: Environmental Matters - Other Suits, Categories: Environment, Agency
J. Morris grants in part summary judgment in favor of the estates which say that a railway company exposed the decedents to high levels of asbestos while they were transporting crushed vermiculite ore through their town. While the record needs to be fleshed out further to determine if the company's asbestos handling falls under the common carrier doctrine, the company is not allowed moving forward to argue that its handling "did not constitute an abnormally dangerous activity."
Court: USDC Montana, Judge: Morris, Filed On: October 17, 2023, Case #: 4:21cv97, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Asbestos
J. Molloy grants a group of federal agencies’ motion for summary judgment in this matter concerning wildlife standards. Several environmental groups argue the federal agencies did not properly consider and omitted standards when formulating the 2021 Land Management Plan for the Helena - Lewis and Clark National Forest, and claim the removal of big game standards could adversely affect the endangered grizzly bear. The instant court finds that the federal agencies did consider the standards and incorporated some aspects of them into the new plan, and the agencies did not violate the National Environmental Policy Act or the Endangered Species Act.
Court: USDC Montana, Judge: Molloy, Filed On: October 11, 2023, Case #: 9:22cv126, NOS: Environmental Matters - Other Suits, Categories: Environment, Agency
J. Christensen grants a motion to enjoin the Greater Red Lodge Area Vegetation and Habitat Management project, a proposed logging effort across roughly 20,000 acres in Carbon county. The government violated the National Environmental Policy Act by failing to consider certain environmental effects of the project on local wildlife, such as the local lynx habitat.
Court: USDC Montana, Judge: Christensen, Filed On: August 23, 2023, Case #: 9:21cv84, NOS: Environmental Matters - Other Suits, Categories: Environment, Agency
J. Molloy grants in large part summary judgment in favor of environmentalists challenging the approval of the Black Ram Project in the Kootenai National Forest, a logging project that was pushed as an effort to improve winter range conditions and promote resilient vegetation. In approving the project, the feds did not properly rely on all the best available science or consider the project's carbon impacts. The matter is remanded to conduct further examination into the project, and the project is not allowed to move forward until all of the issues have been addressed.
Court: USDC Montana, Judge: Molloy, Filed On: August 18, 2023, Case #: 9:23cv3, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Morris finds in favor of the representatives of two individuals who died from asbestos exposure while working in a railyard. The estate requests that the railway company not be allowed to assign the fault of the deaths to any nonparty, a request that is granted because the railway company has not fully identified what wrongful conduct from other parties could have contributed to the deaths that can come into play in this case.
Court: USDC Montana, Judge: Morris, Filed On: August 10, 2023, Case #: 4:21cv97, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Asbestos
J. Watters finds in favor of the United States on the individual's claim that she was sexually assaulted by an officer and ended up pregnant. The individual says the officer was acting within the scope of his employment when the assault took place, but this argument fails because when the assault happened the officer was not there to "further any law enforcement purpose." Although the officer was later convicted for his conduct, it was not conduct that fell within the Federal Tort Claims Act, so the government is entitled to summary judgment.
Court: USDC Montana, Judge: Watters, Filed On: August 9, 2023, Case #: 1:18cv74, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Christensen finds in favor of the environmentalists on their claims that several national forest plans did not properly consider how vehicles would influence local grizzly populations. The government is relying too strongly on road closure effectiveness data, despite using improper road closure measures intended to keep certain paths secure for wildlife.
Court: USDC Montana, Judge: Christensen, Filed On: August 3, 2023, Case #: 9:21cv5, NOS: Environmental Matters - Other Suits, Categories: Environment