INEFFECTIVE ASSISTANCE claims relating to failure to object to psychologist’s alleged bolstering or introduce answering machine tape of girl claiming “boastfully” to have had sex with man not prejudicial to outcome, properly rejected… McKittrick affirmed. [Read more…]
Archives for August 2012
Evidence, hearsay statement of co-Defendant
EVIDENCE: DUI Defendant’s mother should have been allowed to give testimony as to alleged statement against interest by co-Defendant who invoked 5th that Defendant was driver of disabled car… McKeon reversed. [Read more…]
$10,000 verdict, hail insurance, $20,298 fees/costs
VERDICT: $10,000, hail insurance contract/UTPA, $20,298 stipulated fees/costs. [Read more…]
Wrongful discharge, employer/employee fault
WRONGFUL DISCHARGE: MSC would likely find that courts should consider whether employer was at fault for poor performance… disputed fact issues as to whether employer provided sufficient training, tools, [Read more…]
Injury during OD treatment
Judgment on pleadings denied as to insurer’s contention that injury by ASTYM tool during OD treatment precludes liability… Shea. [Read more…]
Amendment to add party/reimbursement issue
Leave granted to add MSF as party and add issue of UEF’s claim for reimbursement, over UEF’s objection that amendments time-barred, do not relate back to original pleading, claim not re-mediated each time UEF [Read more…]
Settlements
Plan I
No lawyer: Tammy Wood, wrist, 09, $16,150; Harold Johnson, knee, 12, $14,000 [Read more…]
Contribution/indemnity, plane crash deaths
CONTRIBUTION/INDEMNITY: Certified question from Utah Federal Judge as to whether airplane insurers who settled Montana crash death claims to which US was not a party have right to contribution against US (traffic controllers) accepted… order. [Read more…]
Initiative, I-166 explanatory statements
INITIATIVE: Challenge to I-166 explanatory statements rejected… opinion & order.
I-166 would establish Montana policy that corporations are not entitled to constitutional rights and are not persons. It “charges” elected officials to [Read more…]
Briefing, inadequate briefing, jail suicide
BRIEFING: Supervisory control of Phillips denied as to denial of motion to strike affirmative defenses in jail suicide case for inadequate briefing… order. [Read more…]