The Weekly Digest of Montana Law
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…]
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filed pursuant to omnibus schedule, improperly rejected under UDCR… vehicular homicide dismissal by Phillips (later rescinded) reversed.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…]
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…]
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…]
By lilly
PRISONERS: Habeas denied in claims of retaliation for reporting employee thefts, disciplinary process/classification claims… order. [Read more…]
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…]
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…]
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…]
By lilly
WRONGFUL DISCHARGE: Individual commissioners immune from state law/§1983 claims… fact issues preclude summary judgment as to Financial Director’s due process claims against County… settled for reinstatement and $50,000… Cebull. [Read more…]
By lilly
Claimant not entitled to insurer-paid IME… Shea. [Read more…]