Archives for January 2015

Jurisdiction, long-arm, notice of objections

January 31, 2015 By lilly

JURISDICTION: No long-arm jurisdiction over Minnesota dairy supplier doing business with Montana broker… objections not waived by failure to raise in notice of appearance… Deschamps affirmed. [Read more…]

Easement, prescriptive, non-contiguous estates

January 31, 2015 By lilly

EASEMENT: Contiguous estates not necessary for prescriptive easement… easement supported by adverse use at least since 1979, conveyed with subsequent users so not necessary to show tacking or privity, accommodation properly rejected… width/scope supported by evidence… Tucker affirmed. [Read more…]

FELA, release rescission, supervisory control

January 31, 2015 By lilly

FELA: Supervisory control of Macek denied as to grant of FELA release rescission… order. [Read more…]

Marital, grandmother parenting plan venue

January 31, 2015 By lilly

MARITAL: Venue for parenting plan motion by grandmother proper in Flathead where child “found,” improperly changed to Hill where unmarried minor mother resides… Allison reversed. [Read more…]

Parental rights, withdrawal of relinquishment

January 31, 2015 By lilly

PARENTAL RIGHTS: Withdrawal of relinquishment properly denied for failure to establish “duress” under any definition… Baugh affirmed (IOR I-3(d)). [Read more…]

Sentencing, treatment facility, “incarceration”

January 31, 2015 By lilly

SENTENCING: Time in treatment facility not “incarceration,” properly not credited against sentence… $500 counsel costs in oral pronouncement prevails over $800 in written judgment… Larson affirmed, reversed. [Read more…]

Rape, knowledge of non-consent

January 31, 2015 By lilly

RAPE: Instruction that Defendant must know that woman did not consent properly rejected… Simonton affirmed (IOR I-3(d)). [Read more…]

Hunting, undercover agents, tapes in jury room

January 31, 2015 By lilly

HUNTING: Evidence obtained by undercover agents of violations by Defendant who solicited hunting on his ranch properly admitted… jury properly allowed to take into deliberations tapes of conversations between agents and Defendant… McLean affirmed (IOR I-3(d)). [Read more…]

Home defects, summary judgment rulings

January 31, 2015 By lilly

HOME DEFECTS: Summary judgment rulings as to claims of defects in subdivision home resulting from expansive clay soils… Sandefur. [Read more…]

Legislature, unannounced caucus meetings

January 31, 2015 By lilly

LEGISLATURE: Motion to hold House GOP Caucus in contempt for unannounced meeting denied because 1998 judgment that caucuses are subject to Art. II §9 did not include notice requirement… Seeley. [Read more…]