ELECTIONS: Montana permanently enjoined from enforcing ban on endorsements and expenditures supporting or opposing a judicial candidate, not the ban on contributions… nunc pro tunc order following 9th Circuit clarification… Lovell. [Read more…]
Archives for June 2013
Interim benefits, prima facie case
Prima facie case for interim benefits made in dispute as to treating physician, job accommodation, DLI grant of interim benefits affirmed… Shea. [Read more…]
Settlements
Plan I
Shaun Smook, shoulder, 1/09, disputed employability and extent of disability occasioned by injuries, $185,000, stipulated judgment; Garry Seaman for Smook, Oliver Goe for MMIA [Read more…]
Wrongful discharge, UI v. WDA, defense verdict
WRONGFUL DISCHARGE: UI eligibility “conduct” not grounds for summary judgment on “good cause”… sanctions properly denied for deletion of computer files… punitives foreclosed by summary rejection of public policy violation claim… expert [Read more…]
Property, “never-to-be-sold” buffer lots
PROPERTY: Claim that adjacent lots were never to be sold properly rejected on quiet title summary judgment… Cybulski affirmed. [Read more…]
Quarry contract, dinosaur footprints, termination
QUARRY CONTRACT properly terminated by lessor after valuable dinosaur footprints found, requirement for “written agreement of the parties” properly rejected as inconsistent… Swandal affirmed (IOR I-3(d)). [Read more…]
Declaratory action, MSP medical director
DECLARATORY ACTION as to whether MSP medical director is state employee or contractor vis-à-vis tort action alleging refusal to authorize medical care properly dismissed as matter of discretion… Sherlock affirmed (IOR I-3(d)). [Read more…]
Preliminary injunction, YNP bison transplant
PRELIMINARY INJUNCTION improperly granted against transport of migrating YNP bison to tribes… McKeon reversed. [Read more…]
Order of protection, res judicata, 2 courts
ORDER OF PROTECTION issued in Missoula not precluded by res judicata of dismissed Ravalli order… McLean affirmed (IOR I-3(d)). [Read more…]
Marital, CSED lien enforcement
MARITAL: Only CSED may enforce its support lien, not transferable to 3rd party… Wheelis reversed. [Read more…]
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