ENVIRONMENT: Preliminary injunctions as to Flathead Forest logging properly denied… Christensen affirmed. [Read more…]
Archives for October 2014
Indians, right to counsel in prior convictions
INDIANS: Tribal convictions may be used in subsequent prosecutions only if right to counsel guaranteed… Cebull reversed. [Read more…]
Settlements
Plan I
John Mitchell, elbow, 4/12, $22,500, Kiel Duckworth [Read more…]
Will, verbal act doctrine, hearsay witness
WILL: Verbal act doctrine properly applied to witness who did not see testator sign but acknowledged testator’s statement that signature was testator’s… no fact issue as to undue influence… Dayton affirmed. [Read more…]
Sentence review, withdrawal, increased sentence
SENTENCE REVIEW: Applicant may not withdraw petition after hearing concluded (1st impression), but counsel was ineffective in urging more onerous sentence than imposed by Deschamps… increased sentence vacated, remanded for reinstatement of original… SRD affirmed, reversed (opinion & order). [Read more…]
Sentencing, theft, sex offender conditions
SENTENCING: Judgment improperly omitted stay of restitution as pronounced orally… sex offender designation improperly imposed for theft… sex conditions improperly imposed based on rape conviction which was reversed and dismissed on remand, remanded for reconsideration of nexus… McLean reversed (IOR I-3(d)). [Read more…]
Insurance, subrogation, post-construction flooding
INSURANCE: Insurer precluded from subrogation against contractor for amounts paid for post-construction broken-pipe flooding of school… waivers not violative of public policy, not ambiguous, apply to real & personal property, contractor not barred by clean-hands/judicial-estoppel… 1st-impression issues… Ortley. [Read more…]
Discovery, individuals’ bank information
DISCOVERY: Records subpoena quashed as to bank information of LLC members who are not parties to legal malpractice suit and who assert privacy… Lympus. [Read more…]
Discovery, spoliation, computer information
DISCOVERY: Default judgment on liability, expenses for non-compliance with order, preliminary injunction against competitors for intentional spoliation of computer information, discovery abuses in Internet freight brokerage suit… Haynes. [Read more…]
Judicial standards, complaint disclosure, contempt
JUDICIAL STANDARDS COMMISSION preliminarily enjoined from contempt proceedings if Plaintiff discloses complaint against Judge and letter notifying of dismissal… Christensen. [Read more…]