ASSAULT WITH WEAPON: Plain error review declined as to failure to immediately assign counsel… instructions as to reliability of cross-racial IDs vis-à-vis which of 2 blacks was shooter properly [Read more…]
Archives for August 2014
DUI, warrant blood draw, 2009 implied consent
DUI: Blood sample properly obtained by warrant following refusal to cooperate in sobriety tests under 2009 implied consent statute… Krueger affirmed. [Read more…]
Bench judgment, Flathead Lake property partition
BENCH JUDGMENT: Sisters’ Flathead Lake property partitioned following Supreme Court ruling that hearing is required on referees’ report… partition proposed by referees including bisecting cabin set aside as substantially inequitable, partition proposed by [Read more…]
$59,500 verdict, $92,929 Ridley, auto/school bus
VERDICT: $59,500, auto/school bus, summary judgment negligence, $92,929 Ridley, neck/back/chest/ankle. [Read more…]
$29,100 verdict, 4-way stop rear-end MVA
VERDICT: $29,100, 4-way stop rear-end MVA, admitted fault, soft-tissue neck/low back, disk herniations, dental, thumb/wrist. [Read more…]
Bankruptcy, untimely appeal, standing
BANKRUPTCY: Appeal of Kirscher’s dismissal of liquidation plan properly dismissed as untimely… no appellate standing as to confirmation order or exculpation clause… Haddon affirmed (unpublished). [Read more…]
Sex offender registration, 2006 interstate travel
SEX OFFENDER REGISTRATION: Failure-to- register conviction infirm as based on 2006 interstate travel while Defendant is pre-Act offender… Haddon reversed (unpublished). [Read more…]
Insurance, investment broker policy, consolidation
INSURANCE: Investment brokerage policy providing for consolidation of similar claims valid under NY law… insurer had reasonable basis to consolidate so coverage was for single occurrence subject to $2 million limit, not $8 million aggregate… defense costs consumed $2 million limit… Strong. [Read more…]
CERCLA, smelter contribution, $99,294,000 decree
CERCLA: ASARCO’s request for contribution from Atlantic Richfield for $99,294,000 paid under 2009 consent decree for East Helena Site barred by 3-year statute… Christensen. [Read more…]
Settlements
Plan I
Edward Hawkinson, multiple, 2/03, $99,332, David Lauridsen
Kimberly Graham, knee, 5/12, $44,000, Tom Murphy [Read more…]
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