CLANDESTINE LAB/ENDANGERMENT: 911 dispatcher with police boyfriend properly not excused from jury for cause… detective improperly allowed to give handwriting opinion, but error harmless in light of other admissible evidence showing who occupied motel room with meth lab… Defendant opened door to hearsay by introducing [Read more…]
Archives for 2009
Procedure, post-deadline punitives claim
PROCEDURE: Dental malpractice Plaintiff allowed to add post-deadline punitives claim based on alleged concealment of lip laceration during surgery… Larson. [Read more…]
Standing, police pension/disability fund
STANDING: Police association lacks standing to challenge City’s management of pension/disability fund, claims for future retirement payments/reimbursements fail injury-in-fact test… Haddon affirmed (unpublished). [Read more…]
Arbitration, $840,078, expenses, wrongful discharge
ARBITRATION: $840,078 for wrongful discharge of software Client Business Manager for refusal to accept non-performance-based demotion under circumstances violative of personnel policies… no penalty for failure to immediately pay accrued vacation… $54,337 costs of [Read more…]
Settlements
Plan I
Gregory Kemp, low back, 6/06, $23,250, Leslae Dalpiaz
Jon Williams, low back, 6/08, $23,000, Stacy Tempel-St. John [Read more…]
Race discrimination, Hispanic, nursing home
RACE DISCRIMINATION: Hispanic nursing home employee failed to prove she was denied CNA training due to race, but improperly terminated without adequate investigation/corrective action for opining that nursing home is racist… subsequently settled… FIR, Elaine Benedict. [Read more…]
Default, 60(b)(1) v. (b)(6), insurance claim
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…]
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…]
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