Search for: "The State of Montana, Tort Claims Division"
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15 Mar 2012, 9:00 pm
Katrina Hedberg, Oregon state epidemiologist, told The Oregonian that dealing with the tort claim had been time-consuming, so it was a relief when it was withdrawn and they could resume focusing on their job -- protecting the public's health.The claim was unprecedented, Terry noted:State epidemiologists investigate dozens of foodborne illness outbreaks every year and name the culprits to prevent more people from getting sick. [read post]
30 Sep 2013, 1:52 am
The Magistrate Judge rejected this argument based on Montana case law holding that the breach of the implied covenant is a contract breach only, not a tort. [read post]
24 Jul 2021, 11:51 am
When we consider the procedural aversion to joinder of claims, and the limited range of “joint and several” liability at common law, there was often a much greater role for apportionment in the common law of tort.[2] Although there have been statutory reforms in some states, which have facilitated apportionments of fault and causation, tort law in the 20th century saw a steady march away from causal apportionments. [read post]
10 Sep 2010, 8:07 am
We're talking about the Restatement (Third) of Torts, Products Liability §2, to be precise. [read post]
19 Aug 2020, 12:00 pm
King (Nov. 9): Whether a final judgment in favor of the United States in a lawsuit brought under the Federal Tort Claims Act bars a claim against a government employee based on Bivens v. [read post]
28 Apr 2011, 3:18 pm
By now Restatement (Second) of Torts §402A (1965) is so old as to be thought of as somewhat antediluvian. [read post]
17 Mar 2020, 9:01 pm
The doctrine bars employees in positions that fall within the ministerial exception from asserting against their religious employers almost all civil rights claims, along with a variety of tort and contract claims. [read post]
15 Apr 2011, 6:02 am
March 12, 2007) (consumer fraud claim does not “involve a tort action for personal injury”); J.E. [read post]
15 Oct 2011, 2:13 am
The court held, however, that appellant presented sufficient evidence to preclude summary judgment on the basis of official immunity on the alleged state tort claims. [read post]
26 Nov 2011, 2:08 am
The only three issues to survive summary judgment were the state-law negligence claims and the section 1983 claims against Steinert in his personal capacity and Strain in his official capacity. [read post]
13 Jan 2023, 11:00 am
American Civil Liberties Union of Montana Executive Director. [read post]
9 Nov 2015, 7:09 am
” Restatement (Second) of Torts §8A (1965). [read post]
27 Sep 2014, 10:06 am
Restatement (Second) of Torts § 433A (1965). [read post]
18 Jul 2014, 11:55 am
For example, Huckrelied primarily on the Iowa Supreme Court’s prior decision rejecting market share liability – another novel claim that tries to decouple liability from actually making the allegedly injurious product.So on the occasion of 100 decisions rejecting Conte innovator liability theories, here is a 50-state survey on the status of this benighted form of liability. [read post]
7 Nov 2014, 5:52 am
It was actually more directed to the effect of warnings on design defect claims than on warning claims themselves. [read post]
14 Mar 2016, 2:56 am
” The majority of states follow the “Direct means Direct” legal analysis.[1] Proximate Cause is equivalent to the tort proximate cause concept. [read post]
15 Jul 2010, 2:39 pm
Rather, the plaintiff claimed a lot-specific manufacturing defect. [read post]
