Archives for July 2010

Settlements

July 17, 2010 By Frank

Plan I

Dawn Gregory, hand/arm/wrist/shoulder, 1/07, disputed, $80,000, stipulated judgment; David Sandler for Gregory, Todd Hammer for [Read more…]

$41,250 net verdict, bicycle/auto

July 10, 2010 By Frank

VERDICT: $41,250 net (45/55), bicycle/auto, elbow/ hip/knee contusions/L4-5 herniation. [Read more…]

Drugs, fatal variance from indictment

July 10, 2010 By Frank

DRUGS: “Fatal variance” from meth indictment due to alleged multiple conspiracies rejected based on lack of prejudice… evidence pre-dating indictment time frame relevant, not prejudicial… sentence properly based on 1.5-5kg of meth, [Read more…]

Sentencing, perjury/false declarations

July 10, 2010 By Frank

SENTENCING: 27 months for perjury/false declarations consecutive to uncharged revocation/escape sentences proper… Molloy affirmed (unpublished). [Read more…]

Sentencing, lifetime supervised release

July 10, 2010 By Frank

SENTENCING: Lifetime supervised release for aggravated sex abuse based on misreading of Guidelines, remanded for resentencing… Cebull reversed (unpublished). [Read more…]

Foreclosure/Indians, protracted tribal foreclosure

July 10, 2010 By Frank

FORECLOSURE/INDIANS: Tribal foreclosure, sale of inn, purchase by bank, recognized, possession turnover ordered following extended/tortuous journey through tribal courts… Haddon. [Read more…]

§39-71-710 rehab age limit constitutionality

July 10, 2010 By Frank

§39-71-710 rehab age limit unconstitutional… Shea.

Harold Caldwell began receiving SSR in 1990 at 62. He was 77 and earning $25,000/yr as Ravalli Co. airport manager when he fell on [Read more…]

“Paid in full” claim, retroactivity

July 10, 2010 By Frank

Claim that has been “paid in full” is claim in which all benefits to which a claimant is entitled are paid prior to judicial decision… if any benefits are paid after the decision the claim [Read more…]

Common fund challenges

July 10, 2010 By Frank

Challenges to common fund claims rejected… Shea.

Flynn I (Mont. 2002) held that after a claimant recovers SSD, [Read more…]

Contingent Schmill fee, SSD offset

July 10, 2010 By Frank

Contingent fee to be based on net common fund benefit after SSD offset based on “predominant practice” in Claimant’s attorney’s office… Shea. [Read more…]