PRELIMINARY INJUNCTION improperly imposed against scoria mining in breach of lease action where pecuniary compensation would afford adequate relief… Bidegaray reversed. [Read more…]
Archives for 2013
Oil/gas, lease termination, fees
OIL/GAS LEASE: Leases correctly found to have remained in effect by some production prior to expiration of primary term, continuation of drilling operation, diligent steps to rectify [Read more…]
Marital, apportionment of ranches
MARITAL: Challenges to apportionment of ranches based on unconscionability, failure to formally disclose values, properly rejected… McKittrick/Sandefur affirmed. [Read more…]
Negligence, pellet stove installation, house fire
NEGLIGENCE: Pellet stove installers entitled to summary judgment for Plaintiffs’ failure to produce expert as to standard of care, competent evidence of causation of house fire… Langton. [Read more…]
Defense verdict, rear-end auto, lumbar
VERDICT: Defense, rear-end auto, admitted liability. [Read more…]
Firearms, Montana made, federally licensed
FIREARMS: Would-be manufacturer/seller of Montana rifle has standing to challenge adverse ATF ruling, but proscribed by federal law under Commerce Clause, Montana Firearms Freedom Act preempted… Molloy affirmed, reversed. [Read more…]
Revocation, recanted confession, burden of proof
REVOCATION: Opper rule requiring conviction based on more than uncorroborated confession not extended to revocation of supervised release (1st impression), revocation properly based on recanted confession of child porn Defendant’s unauthorized contacts with minors following thorough hearing… Lovell [Read more…]
Disability discrimination, airline passenger
DISABILITY DISCRIMINATION: Airline passenger’s complaint of being wrongly hassled about his ventilator preempted by FAA, reconsideration of preliminary injunction against MHRB proceeding denied, permanent injunction granted… Lovell. [Read more…]
Impairment accrual, MMI v. doctor’s rating
Right to impairment accrues at MMI, even though rating subsequently issued to determine precise value, estate of claimant who died prior to rating entitled to impairment award… Shea. [Read more…]
Settlements
Plan I
Robin Kuntz, low back, 10/05, disputed aggravation or OD v. degenerative disk changes, $30,000, stipulated judgment; James Edmiston for Kuntz, Steven Jennings for MHNWCIT [Read more…]
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