PRISONERS: Sentencing judge may not direct administration of prison’s visiting rules for a particular inmate, motion to mandate regular visitation for family of sex offender correctly denied… but since State concedes that minor contact provisions in sentence apply only to probation, opinion directed to DOC for possible resolution… Lympus affirmed (IOR I-3(d)). [Read more…]
Archives for December 2014
Prisoners, prison sex offender visitation
PRISONERS: Sentencing judge may not direct administration of prison’s visiting rules for a particular inmate, motion to modify judgment of SIWC inmate so he can visit his children at MSP correctly denied… but since State concedes that minor contact [Read more…]
Defense verdict, stop sign MVA, neck/back
VERDICT: Defense, stop sign MVA, admitted liability, neck/back.
A Great Falls jury found 11-1 that Austin Luckett’s admitted negligence was not a cause of injury to Scott Reis in connection with an MVA 2/16/10. [Read more…]
Indians, tribal college nursing terminations
INDIANS: FCA, whistleblower, other claims relating to termination of tribal college nursing staff dismissed based on sovereign immunity… claims against Board Members personally may still be viable… Morris. [Read more…]
Heart failure, sleep apnea v. street dust
Congestive heart failure caused by sleep apnea, not exposure to dust, exhaust, in street work… denial of claim not unreasonable… Sandler. [Read more…]
Settlements
Plan I
Kenneth McCully, shoulder(s), 2/03, $148,056, Laurie Wallace
Brian Harris, low back, 4/11, medical closed, $50,000, Alex Evans [Read more…]
Title insurance, right of access v. legal right
TITLE INSURANCE: “Right of access” properly not extended to claimed “reasonable expectations” of surveyed & depicted “legal access”… Seeley affirmed. [Read more…]
Note, $259,520 house sale, $40,000 recovery
NOTE: Defendant’s claim that he owed nothing on note because he did not sell Plaintiff’s house within time/amount conditions resulting in $40,000 recovery on $259,520 sale properly rejected on summary judgment… Neill affirmed (IOR I-3(d)). [Read more…]
Mental commitment, suicide attempts
MENTAL COMMITMENT to MSH properly based on suicide attempts, prior admissions… no error in proceeding immediately to dispositional hearing after finding disorder… no need to address constitutionality of §126(a)(d) “deterioration standard”… Ulbricht affirmed. [Read more…]
Adoption, right to counsel for indigent parents
ADOPTION: Right to counsel extended to indigent parents in adoption proceedings based on equal protection vis-à-vis State termination proceedings… Wheelis reversed. [Read more…]