MARITAL: Informal vows in Washington, which does not recognize common law marriages, ripened into common law marriage in Montana… cases holding that common law marriage must come into being instantly overruled… post-trial discovery/testimony properly disallowed… wife’s contribution to increased value of ranch not properly evaluated… Hegel [Read more…]
Archives for June 2009
Marital, custody modification
MARITAL: Insufficient changed circumstances to modify parenting plan 6 years later… fees properly awarded wife per parenting plan… husband’s home equity interest position properly rejected… Todd affirmed. [Read more…]
Aggravated assault, “purposely,” justifiable force
AGGRAVATED ASSAULT: No danger of erroneous application of “purposely” in instruction as to injury from screwdriver held by Defendant who claimed justifiable force… conviction affirmed… Prezeau affirmed. [Read more…]
Theft, juror challenge, ex-sheriff, small county
THEFT: Plain-error review denied as to failure to sua sponte declare mistrial or change venue because of comments by panelists as to ex-Sheriff Defendant in small county… challenge for cause properly denied… ineffective assistance claims more amenable to postconviction… [Read more…]
Drugs, electronic monitoring, present-sense/opinion
DRUGS: Plain-error review denied as to applying Goetz warrantless electronic monitoring ruling… officer’s testimony that conversations he overheard between CI and Defendant were consistent with a drug deal were not present-sense impression under 803(1), but opinion under 701… Deschamps affirmed (other grounds). [Read more…]
Wage claim, $8,680 overtime, $8,680 damages
WAGE CLAIM: Fees properly denied under FLSA because claim brought in DLI rather than court… 2-year recovery period rather than 3 because conduct not willful/intentional… HO Scrimm properly awarded $8,680 overtime wages, $8,680 liquidated damages, increased award from [Read more…]
Constructive discharge, $240,000, sales rep
CONSTRUCTIVE DISCHARGE: $240,000 judgment for sales rep whose territory expanded to “not doable” size affirmed… Ostby affirmed (unpublished). [Read more…]
Social Security, Crohn’s disease
SOCIAL SECURITY: No evidence that Crohn’s disease not “severe,” no good reasons for rejecting treating physician’s opinions… denial reversed, remanded for steps 3-5… Reed/Ostby reversed (unpublished). [Read more…]
Software contract, statute of limitations
SOFTWARE CONTRACT: 4-year UCC statute (not 8-year contract statute) applies per Agreement to breach of licensing agreement… claims barred by Plaintiffs’ admitted knowledge/suspicions of breach more than 4 years before suing… Molloy. [Read more…]
Procedure, pretrial order amendment
PROCEDURE: Pretrial order amendment rulings in truck driver’s disability insurance case… replacement of designated corporate witness denied… case subsequently settled… Lynch. [Read more…]