INSURANCE BAD FAITH: Objective, reasonable person standard adopted for determining whether liability “reasonably clear” in underlying case… jury should have been instructed to determine whether one would have found for [Read more…]
Archives for August 2010
Marital, pre-nup, contribution to business
MARITAL: Wife’s contributions to business were loan and gift, wife not entitled to share in husband’s interest… ambiguous pre-nup drafted by wife’s attorney construed against her, despite pre-nup provision against such construction… loan [Read more…]
Marital, post-divorce inheritance issues
MARITAL: No jurisdiction in divorce proceeding over claim that inheritance from wife’s father belongs to son… Baugh affirmed (IOR I-3(d)(v)). [Read more…]
Sentencing, parole eligibility, plea agreement
SENTENCING: 40 years, no parole for 20 years for mitigated deliberate homicide vacated pursuant to stipulation following dispute over parole restriction and whether plea agreement breached… remanded for new sentencing with new judge in place of Lympus… order. [Read more…]
Sentencing, no medical marijuana condition
SENTENCING: Supervisory control of Larson over no medical marijuana sentencing condition denied… order. [Read more…]
Criminal endangerment, “knowingly”
CRIMINAL ENDANGERMENT: J. Brown improperly instructed on “knowingly,” conviction reversed by stipulation, remanded for new trial… order. [Read more…]
Real estate, indenture trustee’s notice duty
REAL ESTATE: Indenture trustee’s duty to notify all lienholders extends to potential purchasers, $1.5 million liens discovered after sale for $735,705… breach of express warranty under §71-1-318 rejected, breach of implied warranty under §70-20-304 survives… negligence per se adequately pled, but [Read more…]
Sentencing, range error, mitigation
SENTENCING: Statement that range was 41-52 months for cocaine charge when correct range was 41-51 months [Read more…]
Environment, smelter cleanup trust
ENVIRONMENT: Request to terminate 2007 East Helena ASARCO smelter cleanup trust and return remaining $1.2 million in light of 2009 bankruptcy custodial trust denied… Lovell. [Read more…]
Settlements
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