Archives for February 2009

DUI, enhancement

February 28, 2009 By lilly

DUI: Prior DUIs valid, properly used to enhance to felony… Rice affirmed.

Shirlene Walker was charged with felony DUI based on 6 prior DUIs. She [Read more…]

Vehicular assault, right to plead guilty, jeopardy

February 28, 2009 By lilly

VEHICULAR ASSAULT: Any error by City Court denying Defendant statutory right to plead guilty to DUI harmless, Defendant not wrongly deprived of double jeopardy defense to vehicular assault charges in District Court… time served in Idaho on Montana bench warrant should be credited… Krueger affirmed, reversed. [Read more…]

Hunting, out-of-season bear

February 28, 2009 By lilly

HUNTING: Sufficient evidence of hunting/possessing bear out of season… no error in adopting State’s proposed findings & conclusions… Mizner affirmed.

David Wendler, owner of Sundance Lodge near Wise River, was charged with misdemeanor hunting and possessing a black bear during a closed [Read more…]

Jurisdiction, removal joinder

February 28, 2009 By lilly

JURISDICTION: Defendant LLCs not required to explain why individual Defendant did not join in removal notice as he was not then named, timely filed answer in Federal Court through same counsel… Lynch/Molloy. [Read more…]

Insurance, bad faith, bifurcation, benefits paid

February 28, 2009 By lilly

INSURANCE: Bifurcation of pre/post-enrollment claims in disability insurance trial denied… evidence of amount of benefits paid allowed… Lynch. [Read more…]

Concurrent 3rd-party MVA/UEF remedies

February 28, 2009 By lilly

Claimant may pursue 3rd-party MVA and UEF remedies concurrently… Shea.

Tonya Hilbig was injured in an MVA while delivering items for her uninsured employer in 2/06. UEF contends that it is not required to pay benefits prior [Read more…]

Settlements

February 28, 2009 By lilly

Plan II

Wayne Kellberg, low back, 1/05, total, $135,000, Eric Rasmusson

Dana Good, low back, 10/04, $50,000, Leslae Dalpiaz [Read more…]

Sex discrimination, mutual bantering

February 28, 2009 By lilly

SEX DISCRIMINATION: Mutual bantering between female bookkeeper and male manager, no prima facie sexual harassment, no proof of retaliation for filing complaint… FIR… Molly Owens. [Read more…]

Attorney withdrawal, bankruptcy stipulation

February 21, 2009 By lilly

ATTORNEY WITHDRAWAL: MPC/NWE counsel may transition out of representation over objection by work comp claimants in unique bankruptcy stipulation situation… supervisory control of Krueger granted… order. [Read more…]

Negligence/CPA, house settling, verdict

February 21, 2009 By lilly

NEGLIGENCE/CPA: Evidence of settling of other houses in subdivision improperly precluded, particularly after Defendant opened door by suggesting Plaintiffs’ situation unique… federal “substantially injurious to consumers” definition of CPA unfair act adopted… verdict denying recovery under CPA and apportioning negligence 10% to developer, [Read more…]