Plan I
Christian Hill, back, 3/09, disputed, $10,000 new money, stipulated judgment; Garry Seaman for Hill, Todd Hammer for Montana Electric & Telephone Pool [Read more…]
Archives for 2013
Foreclosure, judicial procedure, redemption
FORECLOSURE: Borrowers not entitled to right of redemption in judicial procedure foreclosure of trust deed and because property was single-family at time of trust deed execution… H. Brown affirmed. [Read more…]
Food distributorship, unjust enrichment
FOOD DISTRIBUTORSHIP: Buyer properly found to have agreed to pay $130,000 for business, unjustly enriched by $81,325 by operating after paying only $10,000 down, [Read more…]
UI, fired teacher, misconduct
UI: Teacher properly found fired for misconduct, ineligible for UI… MacIntyre/BLA/Huss affirmed. [Read more…]
Drugs, knock & talk, address dispute, plain sight
DRUGS: Officers’ claim that they knocked on Defendant’s door to inquire about address they were seeking to serve arrest warrant properly accepted over Defendant’s claim his house and mailbox numbers were clearly visible, motion to suppress marijuana seized in excess of medical provider limit properly denied… $800 [Read more…]
Ineffective assistance, child sex assault hearsay
INEFFECTIVE ASSISTANCE claims as to child sexual assault hearsay more amenable to postconviction… Newman affirmed. [Read more…]
Alford plea withdrawal, ineffective assistance
PLEA WITHDRAWAL: Alford pleas stemming from kidnap/assault standoff properly not allowed withdrawn based on alleged ineffective assistance… restitution for unspecified amount for future counseling improper… Langton affirmed, reversed. [Read more…]
Courts, local judges inviting outside judges
COURTS: Supervisory control not warranted for indigents’ claim of concerted/vindictive action by local judges inviting outside judges to assume jurisdiction upon request for substitution… order. [Read more…]
Insurance, employer as additional comp insured
INSURANCE: Employer additional insured under umbrella entity’s comp policy, entitled to immunity under §30-71-411 from claim by Plaintiff who previously received $207,145 comp… Neill. [Read more…]
Lending breach, loan modification, notary defects
LENDING BREACH: Failure to comply with notary law invalidated 1st attempt to accept loan modification offer, but fact issues preclude summary for bank as to 2nd & 3rd attempts… no special debtor/creditor relationship that would support tortious breach of the covenant… fact issues as to bank’s representations preclude summary judgment on fraud, deceit, intentional/negligent [Read more…]
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