DRUGS: Possession of 2 or more listed precursors with intent to make meth required to convict of felony possession of precursors, based on plural “precursors” and “combination of”… conviction reversed… McKeon reversed. [Read more…]
Archives for March 2012
DUI, 911 report, later parked vehicle
DUI: 911 report of suspected DUI contained sufficient indicia of reliability to support particularized suspicion as to pickup spotted parked 50 minutes later, sufficiently corroborated by officer, suppression properly denied… Townsend affirmed. [Read more…]
Dismissal, assault on officer, evidence mishandling
DISMISSAL: State’s request for supervisory control to reverse Judge Reynolds’s dismissal of assault on an officer due to police mishandling of evidence denied, where other counts remain pending… order. [Read more…]
CPA, privity, defective home, seller’s engineer
CPA: Following Montana Federal Court and majority of other jurisdictions, privity of contract not required for CPA claim… claim by purchasers of allegedly defective home viable against seller’s engineer… Boucher. [Read more…]
Bench judgment, defense, MVA, cervical
BENCH JUDGMENT: Claim for $10,000 additional med-pay above $61,291 paid including for 93 chiropractic visits with Plaintiff’s husband rejected, treating physicians’ causation testimony based mostly on Plaintiff’s inaccurate symptom history, missing pre-MVA chiropractic [Read more…]
Elections, voter reporting, libel, contribution limits
ELECTIONS: Preliminary injunction granted against enforcement of 13-35-225(3)(a) voter reporting and 13-37-131 political civil libel as unconstitutionally vague, denied as to contribution limits for individuals, political committees, political parties, and as to corporate contribution [Read more…]
Settlements
Plan I
Jeff Landers, low back, 9/11, disputed, $30,000, Russell Plath
No lawyer: Richard Varner, upper arm, 10, $40,700 [Read more…]
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