MEDICAL MARIJUANA employment termination claims preempted by federal law or failure to state claim… Stadler affirmed (IOR I-3(d)). [Read more…]
Archives for 2009
Wrongful discharge, legitimate business reasons
WRONGFUL DISCHARGE: Jury properly instructed on legitimate business reasons for discharge… $252,428+ verdict affirmed… Fagg affirmed (IOR I-3(d)(v)). [Read more…]
Arbitration/courts, LPN discharge, successor judge
ARBITRATION/COURTS: Successor judge properly granted renewed summary judgment motion… arbitration panel had power to consider procedural issue of whether employee was given proper termination notice regardless of whether parties agreed there were no procedural issues… public policy violation exception (LPN’s alleged impairment) to [Read more…]
BID, CA petition evaluation, area, assessments
BUSINESS IMPROVEMENT DISTRICT: Owners properly apprised of proposed area… City Attorney properly received & evaluated petitions and reported to Council… proposed boundary not improperly changed during petitioning… no requirement for proposed assessment until after [Read more…]
Trust, trustee removal, failure to file accountings
TRUST: No reason to remove Trustee for failure to file accountings where Trust had no income, but should file to protect rights of parties… McKinnon affirmed. [Read more…]
Hunting/search & seizure, aerial observation
HUNTING/SEARCH/SEIZURE/SENTENCING: Officials’ innocent aerial observation of private property not a “search”… claim that warden trespassed on neighboring lands not raised below, not amenable to plain-error review… warrant not required to monitor (illegal) radio hunter conversations… search warrant supported by sufficient facts… warrant [Read more…]
Defense verdict, failure-to-yield auto, brain
VERDICT: Defense, failure-to-yield auto, admitted liability, claimed traumatic brain injury sustained by psychologist. [Read more…]
Defense verdict, rain water flooding, sump pump
VERDICT: Defense, home rain water flooding from allegedly failed sump pump.
An 11-1 Great Falls jury found that Q&R Plumbing did not act negligently when it installed a sump pump in Rose Hedrick’s home. [Read more…]
Speedy trial, homicide, dismissal/re-filing
SPEEDY TRIAL: 222 days during 1st filing period before homicide charge dismissed with prejudice counted toward 415 days aggregate as Defendant was “an accused” during 1st period… time from dismissal to reinstatement of charge not counted as she was not “an accused” then… 133 days attributed to State as sanction for producing 600 pages [Read more…]
Defense verdict, prison suicide
VERDICT: Defense, prison suicide.
A Helena jury found that the State did not violate its duty of care to Dennis Palmerton in relation to his suicide death at MSP 2/28/05. [Read more…]
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