REFERENDUM: LR-127 title exceeds 100-word limit when counting statutory citations as words, not legally sufficient, enjoined from ballot… fees denied to Petitioners… opinion & order. [Read more…]
Archives for March 2014
Redistricting, holdover senators amendment
REDISTRICTING: Challenges to assignment of 2 holdover senators properly rejected… Menahan affirmed. [Read more…]
City negligence, skateboard death, subdivision path
CITY NEGLIGENCE: Reconsideration of ruling by Curtis that public duty doctrine bars claims against City stemming from skateboarder’s death on subdivision path in light of [Read more…]
Wrongful discharge/choice of law
WRONGFUL DISCHARGE/CHOICE OF LAW: Colorado proper forum to adjudicate claim of Coloradoan based in Colorado discharged by Montana employer… claim analyzed under contract, not tort, principles… Jones. [Read more…]
Social worker negligence, expert, removal of child
SOCIAL WORKER NEGLIGENCE: Claims against State for removing girls from mother without adequately investigating report of psychological abuse dismissed for lack of expert as to standard of care of investigator… Reynolds. [Read more…]
Insurance, legal malpractice underwriting guideline
INSURANCE: Legal malpractice underwriting guideline precluding attorneys who do more than 10% plaintiff insurance bad faith not violative of public policy as malpractice insurance optional in Montana, not violated by any specific statute… Christensen. [Read more…]
False arrest/imprisonment, counsel diligence/LR
FALSE ARREST/IMPRISONMENT: 10-count complaint stemming from citations for waste of game rejected on summary judgment… Plaintiffs’ counsel chastised for violating LR in filings, lack of due diligence in bringing claim… Christensen. [Read more…]
Jurisdiction, grassroots lobbying ads, Younger
JURISDICTION: Request for intervention in proposed grassroots lobbying ads declined under Younger, not justiciable due to ripeness/standing concerns… Lovell. [Read more…]
Asbestos exposure, county road worker
Potentially causal standard applied to determine that County liable for ARD from exposure to asbestosis on road crew which led to death as opposed to prior exposure at Grace… widow could not have known death related to job until advised by attorney, timely filed thereafter… widow not entitled to PPD in form of 100% [Read more…]
Foot injury at work v. before work
Petitioner injured foot at work, entitled to medicals, but continued to work until quitting and moving out of state for reasons unrelated to injury so not entitled to wage loss… insurer not unreasonable in denying claim… Shea. [Read more…]
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