NUISANCE/TRESPASS: Naturally growing tree that obstructs view not nuisance under Montana law, but allegation that roots have entered on property states claim for trespass… McLean affirmed, reversed. [Read more…]
Archives for November 2012
Marital, hopelessly convoluted support arrangement
MARITAL: Support reduction cannot be extended to before husband gave notice of motion to wife… remand required to clarify seemingly conflicting support orders stemming from hopelessly convoluted support arrangement that festered for 20 years and involved sharp increase in [Read more…]
Marital, property
MARITAL: Distribution of estate affirmed… Langton affirmed (IOR I-3(d)). [Read more…]
Attorney conflict/ineffective assistance, OPD
ATTORNEY CONFLICT: No active conflict between OPD standby counsel and former client in “tangentially” related case… State concedes that revision of aggravated burglary instruction during deliberations from “and” to “or” should be reversed… rape affirmed, aggravated [Read more…]
DUI, indirect evidence of PBT/HGN
DUI: Indirect evidence of PBT and HGN test results through video on which Defendant and officer could not be seen but dialogue could be heard improperly admitted, but officers’ testimony of observations and Intoxilyzer test sufficient for felony conviction… Watters affirmed. [Read more…]
Constructive trust, Indian “Keeper” of 13-star flag
CONSTRUCTIVE TRUST imposed on 200-year-old flag given to Indian “Keeper” and passed down to descendants in “charitable trust” until acquired innocently by estate of last trustee who had not appointed [Read more…]
$79,295 net, jail suicide
VERDICT: $79,295 net (53/47), jail suicide. [Read more…]
Causation, herniated disks
Claimant established that herniated disks and current disability are causally related to job accident, entitled to TTD as of 4/11 when doctor reported she could no longer perform duties, not retroactive to when benefits terminated in 12/08… Shea. [Read more…]
Fraud counterclaim by employer, jurisdiction
No jurisdiction to hear tort claims by 3rd-party employer, fraud counterclaim and request for indemnity dismissed… sanctions against employer denied, but counsel for employer and Claimant advised to [Read more…]
Settlements
Plan I
Larry Pennington, low back, 12/08, total, $45,000, Thomas Bulman [Read more…]