Archives for January 2012

Corporations, conflict-of-interest bonus

January 7, 2012 By Frank

CORPORATIONS: Conflict-of-interest bonus that lacks consideration and would be void under Montana common law [Read more…]

House construction, oral changes, lien, defects

January 7, 2012 By Frank

HOUSE CONSTRUCTION: Owner obligated to pay for changes orally ordered during construction, argument that [Read more…]

Elections, independent corporate expenditures

January 7, 2012 By Frank

ELECTIONS: Constitutionality of 1912 initiative prohibiting independent corporate campaign expenditures upheld, [Read more…]

Res judicata, trial/hearing

January 7, 2012 By Frank

RES JUDICATA: Trial setting or hearing not required before ruling on motion to dismiss based on res judicata or claim [Read more…]

Mental commitment, hearing without presence

January 7, 2012 By Frank

MENTAL COMMITMENT hearing without presence or waiver of presence concededly invalid, remanded for new hearing… [Read more…]

Justifiable force, victim’s violent tendencies

January 7, 2012 By Frank

JUSTIFIABLE FORCE/SENTENCING: Victim’s violent/threatening tendencies unknown to Defendant at time [Read more…]

Ineffective assistance, “initial inquiry”

January 7, 2012 By Frank

INEFFECTIVE ASSISTANCE: Sparse record not clear that an “initial inquiry” was made into initial ineffectiveness claim, [Read more…]

Restitution, amount

January 7, 2012 By Frank

RESTITUTION amount for assault concededly erroneous, remanded for hearing to determine correct amount… order. [Read more…]

Appeal costs, fees, payment for transcript

January 7, 2012 By Frank

APPEAL COSTS: No fee for criminal appeal… payment for transcript only for public defender representation… order. [Read more…]

Cerebellar hemorrhage, causation

January 7, 2012 By Frank

Cerebellar hemorrhage causally related to job MVA 2 years earlier, insurer liable but denial not unreasonable… motion to strike testimony untimely… Shea. [Read more…]