ASSUMPTION OF RISK: Plaintiff failed to preserve objection to assumption of risk defense to trench fall strict liability claim, [Read more…]
Archives for 2011
Tobacco settlement, stay of dec action, diligence
TOBACCO SETTLEMENT: Stay of dec action to determine if State diligently enforcing qualifying statute pending nationwide [Read more…]
Trusts, “pseudo-legal gibberish” business trusts
TRUSTS: Court had jurisdiction to declare invalid “pseudo-legal gibberish” business trusts purporting to convey Montana [Read more…]
Probate, will contest, ambiguous opinion
PROBATE: Will contest opinion withdrawn on rehearing because standard of review language susceptible to multiple [Read more…]
Justice Court, reduced hours/pay
JUSTICE COURT: Former JP’s claims against Commissioners for reducing office to part-time and reducing pay prior to application [Read more…]
Attorney practice, character/fitness rules
ATTORNEY PRACTICE: Comment invited on petition to amend character/fitness admission rules… order. [Read more…]
Public defender, postconviction appointment
PUBLIC DEFENDER: OPD may not be appointed in postconviction until after response to petition and determination that hearing [Read more…]
Attorney practice, 3L prosecutor, SPR
ATTORNEY PRACTICE: Civil claims against 3L intern and CA in prosecuting criminal case rejected… Larson affirmed (IOR I-3 [Read more…]
Assault on minor, Defendant’s age
ASSAULT ON MINOR: Conviction reversed for failure to establish Defendant’s age… psychosexual evaluation properly relied on in [Read more…]
$100,000 verdict, rear-end auto, whiplash
VERDICT: $100,000, rear-end auto, admitted liability, cervical whiplash. [Read more…]
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