Original injury and resulting surgeries related to ongoing pain, prior ruling to contrary based on treating physician’s inability to define the relationship not res judicata to present claim… insurer reasonably disputed further pain medication based on prior ruling, paid under [Read more…]
Archives for April 2012
Settlements
Plan I
Sandra Kipfer, knee, 12/06, $10,000, Tom Murphy [Read more…]
Levying sale, pending PI cause
LEVYING SALE of pending PI cause not allowed under Montana law… Watters affirmed. [Read more…]
Zoning, large storage building, rental “accessory,”
ZONING: Board of Adjustment properly revoked Planning Office permit for large building for storing property from rentals, not “accessory” to existing single-family rental… $25,000 Foy fees/costs properly awarded to neighbors who protested permit, “fees for fees” properly denied… Harkin/Townsend affirmed. [Read more…]
Supervisory control, railyard pollution rulings
SUPERVISORY CONTROL denied as to pre-trial rulings by Swandal in railyard pollution suit… order. [Read more…]
Marital, GAL’s parenting report, hearsay
MARITAL: GAL’s parenting report improperly relied on without GAL present to testify… Larson reversed. [Read more…]
DUI, trooper HGN expert, inadvertence
DUI: Trooper properly qualified as HGN expert… trooper’s reference to “felony DUIs” did not warrant mistrial… 5th DUI conviction affirmed… Stadler affirmed. [Read more…]
Procedure/Brady/PFMA, appeal from JP court
PROCEDURE/BRADY/PFMA: Brady claims could have been reviewed in appeal from Justice Court PFMA trial despite lack of objection, but de novo review by Supreme Court finds no Brady violation… PFMA conviction affirmed… Watters affirmed (other grounds). [Read more…]
Search & seizure, unconscious woman’s purse, drugs
SEARCH & SEIZURE: Unconscious woman’s purse properly gone through in search of medical information under community caretaker doctrine, drug residue and paraphernalia not illegally seized…. Phillips affirmed. [Read more…]
Railroads, shortline res judicata rulings on remand
RAILROADS: Federal case affirming arbitration award against shortline operator res judicata as to State Court case brought by State on behalf of operator… Supreme Court’s interpretation of BN’s obligations following arbitration is law of case… BN’s repudiation of per-car payments in favor of arrangement by which BN and shortline operator separately set their [Read more…]