The Weekly Digest of Montana Law
By lilly
HUNTING: Sufficient evidence of hunting/possessing bear out of season… no error in adopting State’s proposed findings & conclusions… Mizner affirmed.
David Wendler, owner of Sundance Lodge near Wise River, was charged with misdemeanor hunting and possessing a black bear during a closed [Read more…]
By lilly
JURISDICTION: Defendant LLCs not required to explain why individual Defendant did not join in removal notice as he was not then named, timely filed answer in Federal Court through same counsel… Lynch/Molloy. [Read more…]
By lilly
INSURANCE: Bifurcation of pre/post-enrollment claims in disability insurance trial denied… evidence of amount of benefits paid allowed… Lynch. [Read more…]
By lilly
Claimant may pursue 3rd-party MVA and UEF remedies concurrently… Shea.
Tonya Hilbig was injured in an MVA while delivering items for her uninsured employer in 2/06. UEF contends that it is not required to pay benefits prior [Read more…]
By lilly
Plan II
Wayne Kellberg, low back, 1/05, total, $135,000, Eric Rasmusson
Dana Good, low back, 10/04, $50,000, Leslae Dalpiaz [Read more…]
By lilly
SEX DISCRIMINATION: Mutual bantering between female bookkeeper and male manager, no prima facie sexual harassment, no proof of retaliation for filing complaint… FIR… Molly Owens. [Read more…]
By lilly
ATTORNEY WITHDRAWAL: MPC/NWE counsel may transition out of representation over objection by work comp claimants in unique bankruptcy stipulation situation… supervisory control of Krueger granted… order. [Read more…]
By lilly
NEGLIGENCE/CPA: Evidence of settling of other houses in subdivision improperly precluded, particularly after Defendant opened door by suggesting Plaintiffs’ situation unique… federal “substantially injurious to consumers” definition of CPA unfair act adopted… verdict denying recovery under CPA and apportioning negligence 10% to developer, [Read more…]
By lilly
PROPERTY: Curative statute protects BFPs only as to fraudulent conveyances, not forged deeds, all 3 deeds void ab initio, transferred no rights… ratification of forged deed may be considered in equity (1st impression)… warranty deeds of non-forgers constituted authority for forger to convey property, statute of frauds not violated… ratification elements satisfied by conduct despite lack of knowledge of forgery… [Read more…]
By lilly
ENVIRONMENT: Appropriate standard of review of CBM water rules assembled from multiplicity of Acts raised in challenge… scientific basis for classifying pollutant parameters as harmful in 2006 when not so classified in 2003… new rules not more stringent than federal law, [Read more…]