SUPREME COURT candidate’s admission to practice in 2005 satisfies Constitution requirement that a justice be “admitted to the practice of law in Montana for at least five years prior to the date of appointment or election” notwithstanding his choice to [Read more…]
Archives for July 2014
Forum selection, Calif. parties, Mont. wind farm
FORUM SELECTION: Dispute between California entities over avian conditions at Montana wind farm should be resolved in California pursuant to mandatory forum selection clause in one contract, permissive clause in another… interpretation under California [Read more…]
Wrongful discharge, state tourism administrator
WRONGFUL DISCHARGE: No prima facie political discrimination in discharge of tourism administrator… DOC Director immune… good cause for termination based on failure to comprehend budget which jeopardized tourism funds… Seeley affirmed. [Read more…]
Interlocal agreement, repeal by referendum
INTERLOCAL AGREEMENT resolution was administrative act by City not subject to repeal by referendum… Plaintiffs not required to challenge referendum within 14 days of petition approval… suit not untimely based on laches… Ortley affirmed. [Read more…]
Sheriff’s Retirement, PTSD disability
SHERIFFS’ RETIREMENT: Deputy Sheriff/Coroner’s PTSD disability claim properly rejected based on psychologist’s medical records review and Sheriff’s testimony… Menahan affirmed. [Read more…]
Speedy trial, crowded municipal court docket
SPEEDY TRIAL: No good cause shown in not bringing misdemeanors to trial within 6 months over Judge’s finding that crowded docket was not good cause… remanded for dismissal of DUI… Wood affirmed, McCarter reversed. [Read more…]
Postconviction, exculpatory/impeachment evidence
POSTCONVICTION: State did not fail to disclose exculpatory or impeachment evidence in double murder trial… counsel not ineffective… Stadler affirmed. [Read more…]
Right to know, ExpoPark manager termination
RIGHT TO KNOW: No reasonable expectation of privacy in documents underlying termination of ExpoPark manager who brought WDA suit… Pinski. [Read more…]
$450,000 verdict, intersection MVA, elbow/shoulder
VERDICT: $450,000 (to be reduced to $200,000 UIM limits), intersection MVA, admitted fault, elbow/shoulder. [Read more…]
Settlements
Plan I
Justin Marmon, skull, 6/13, disputed, $28,000, Chris Helmer
Robin Breeden, low back, 9/10, $20,000, David Lauridsen [Read more…]
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