Archives for May 2009

Fee disputes arbitration revisions

May 9, 2009 By lilly

FEE ARBITRATION revisions adopted… order. [Read more…]

Marital, house distribution, short marriage

May 9, 2009 By lilly

MARITAL: House properly awarded husband in short marriage… Watters affirmed (IOR I-3(d)(v)). [Read more…]

DUI, motorist’s continuing reports to dispatch

May 9, 2009 By lilly

DUI: Particularized suspicion based on motorist’s continuing reports to dispatcher… Sherlock affirmed.

Tyler Tobel and Shari Kelly were traveling west on Hwy 12 near the Silos Bar at 9 p.m. when a pickup pulled in front of them. They saw it repeatedly [Read more…]

Procedure, response to motion to dismiss

May 9, 2009 By lilly

PROCEDURE: State’s response to motion to dismiss timely filed pursuant to omnibus schedule, improperly rejected under UDCR… vehicular homicide dismissal by Phillips (later rescinded) reversed. [Read more…]

Sentencing, restitution for care of injured child

May 9, 2009 By lilly

SENTENCING: Restitution properly imposed for care of injured child… registration as violent offender improperly imposed for criminal endangerment… Neill affirmed, reversed. [Read more…]

Obstruction, evasive runner, testimony oath

May 9, 2009 By lilly

OBSTRUCTION/OATH: Probable cause to detain evasive runner, arrest for refusing to give name… oath/ affirmation required to testify over religious objection… Rice affirmed (IOR I-3(d)(v)). [Read more…]

Prisoners, retaliation for reporting thefts

May 9, 2009 By lilly

PRISONERS: Habeas denied in claims of retaliation for reporting employee thefts, disciplinary process/classification claims… order. [Read more…]

ERISA, non-emergency surgery in waiting period

May 9, 2009 By lilly

ERISA: Plaintiffs’ failure to plead/establish ambiguity of Plan under federal law bars equitable estoppel claim (purported assurance that non-emergency surgery was covered despite 3-month waiting period) in state breach of contract action… Curtis. [Read more…]

$75,000 verdict, rear-end auto, neck/shoulder

May 9, 2009 By lilly

VERDICT: $75,000, rear-end auto, admitted liability, neck/shoulder.

An 11-1 Great Falls jury awarded Becky Jourdonais $75,000 for damages suffered in an MVA with Valerie Martin in Great Falls 8/7/01. [Read more…]

Attorney fees, vexatious litigation

May 9, 2009 By lilly

ATTORNEY FEES: Montana vexatious litigation statute applies only to multiplication of proceedings, not pre-litigation conduct upon which suit based… Lynch. [Read more…]