DEFAULT: Insurer would have been entitled to set aside $101,300 rear-ender default judgment under 60(b)(1) but for 60-day bar, but relief also properly granted under (b)(6) “extraordinary circumstances,” including that local agent received complaint/summons but “mystery” [Read more…]
Archives for June 2009
Condemnation, attorney fees, lender defendants
CONDEMNATION: Attorney fees improperly determined based on since abandoned Forrester factors, $250/hr reduced to Flathead Co. customary $150… only $30,000 relating to original complaint offset from fee award pursuant to ambiguous stipulation, not $176,786 for all fees up to date of stipulation as claimed by MDT… lender Defendants [Read more…]
Hospital privileges, breast smiley face
HOSPITAL PRIVILEGES of radiation oncologist who drew smiley face on breast not wrongfully revoked… Tucker affirmed (IOR I-3(d)(v)).
A patient complained to St. James Hospital about radiation oncologist [Read more…]
Marital, right to travel within Montana
MARITAL: Federal right to interstate travel includes right to travel within Montana, custody improperly changed based on wife’s relocation… Simonton reversed. [Read more…]
Marital, parenting plan modification
MARITAL: Parenting plan issues mooted by child turning 18… decree improperly modified to require support absent motion for modification… McKittrick reversed. [Read more…]
Sexual assault, Schwarz minor consent to search
SEXUAL ASSAULT: Schwarz rule that children under 16 lack authority to consent to warrantless searches did not make exception for child victims… pajamas, bedding seized from minor’s room properly suppressed, underwear she was wearing at time of alleged assault [Read more…]
Deliberate homicide, custody, voluntary statements
DELIBERATE HOMICIDE: Defendant in “custody” when interrogated despite no physical restraint, but did not effectively stop questioning by statements during Miranda, continued voluntarily conversing, not entitled to suppression of statements under Miranda-Mosley or due [Read more…]
UEF 3rd-party indemnity
UEF’s request to file 3rd-party petition for indemnity against allegedly uninsured employers granted in light of HB 119 and employers’ due process rights.. Shea. [Read more…]
Settlements
Plan I
Jim Widner, bilateral CTS, 11/80, disputed, $85,000, stipulated judgment; Patrick Sheehy for Widner, Kelly Wills for MIGF
Nathan Hume, low back, 4/08, $39,895, Kevin Duff [Read more…]
Property partition, cohabitants
PROPERTY PARTITION: Equitable doctrines properly applied to divide residential property of cohabitants… parties correctly found to have equitable rights and ½ interest, not constructive trust to entirety by man or gift to entirety by woman… Haynes affirmed. [Read more…]