ASSAULT: Evidence that victim was “cutter” properly excluded character evidence, not relevant to justifiable force defense that altercation was caused by Defendant walking in on her cutting herself and she came at him with a knife, Defendant not precluded from [Read more…]
Archives for June 2012
DUI, community caretaker
DUI: Caretaker doctrine properly applied to checking on vehicle stopped in driving lane for 4 minutes with engine running and brake lights on… Great Falls Municipal Court/Neill affirmed (IOR I-3(d)). [Read more…]
Real estate, landslide lots, $5,672,994 judgment
REAL ESTATE: Treble damages under CPA to Plaintiffs who recovered purchase price of high-end lots on undisclosed active landslide following verdicts of $545,443 and $565,707… attorney fees awarded under contract and CPA, amount to be determined at hearing… other fees/costs including courtroom electronic presentation awarded pursuant to PSAs [Read more…]
Excessive force, tasing, federal/state claims
EXCESSIVE FORCE ARREST: Although flight justified some force in stopping Plaintiff sitting by sidewalk with pill box with leafy substance (which turned out to be marijuana), jury may determine that government interest in stopping him may not be sufficient to justify tasing under [Read more…]
Excessive force, tasing, pre-trial evidentiary rulings
EXCESSIVE FORCE ARREST: Evidentiary/testimonial rulings including allowing “shaky” SPECT scans in support of claimed head injury… Molloy. [Read more…]
Discovery, attendance by corporate execs
DISCOVERY: Fees/expenses to be awarded if parties unable to resolve dispute before hearing… corporate officers ordered to appear at hearing on motion to compel to observe whether motion is reasonable… Molloy. [Read more…]
Wages, seasonal farm worker
Wage calculation for seasonal farm worker… Shea.
Jody Gundermann was injured in 9/10 while working for Mark Linder in the fall harvest. The parties request the method of calculating his average [Read more…]
Settlements
Plan I
Joe Novakovitch, hip, 4/10, total, $55,000, Leslae Dalpiaz
Jeff Helpenstill, lower extremities, 11/10, $33,000, Darrell Worm [Read more…]
Insurance, UM stacking
INSURANCE: UM stacking precluded by policy, compliance with statute… Lympus affirmed. [Read more…]
Trust, “lawful blood descendant,”
TRUST: Daughter “lawful blood descendant” of adoptive family under trust, not of natural father, not entitled to distribution… Macek reversed. [Read more…]