The Weekly Digest of Montana Law
By lilly
Plan I
Kimberly Graham, knee, 5/13, liability accepted, disputes as to future benefit entitlement, $44,000 new money for indemnity/medical, medical/rehab closed, stipulated judgment; Thomas Murphy for Graham, Larry Jones for St. Joseph Hospital Corp. [Read more…]
By lilly
SPITE FENCE: Fact issues as to trash/trespassers from adjacent lots preclude summary judgment for golf course on spite fence/nuisance claims… ACC approval not waived… Gustafson reversed. [Read more…]
By lilly
ABORTION: 2011/13 laws requiring parental notification/consent for abortion by minor not identical to 1995 law ruled on in 1999, present challenge not barred by issue preclusion… Sherlock reversed. [Read more…]
By lilly
MARITAL: Fees properly awarded to wife for defending against husband’s post-decree custody modification motion… Ulbricht affirmed. [Read more…]
By lilly
SECURITY FRAUD: Contention that remaining conviction should be vacated or limited to $500 fine exceeded remand mandate in reversal of 2 counts, properly rejected in resentencing to 10 years… Townsend affirmed (IOR I-3(d)). [Read more…]
By lilly
WRONGFUL DISCHARGE: Claim that success in prior WDA suit imposed legal duty to rehire properly rejected… Christensen affirmed (unpublished). [Read more…]
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ENVIRONMENT: Appeal of summary rejection of challenge to helicopter flights to dam in wilderness area dismissed as moot… Molloy affirmed (unpublished). [Read more…]
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SENTENCING: §2255 motion properly denied as untimely, 1-year statute not tolled because Defendant could not establish actual innocence of possessing firearms in furtherance of drug conspiracy… Cebull affirmed (unpublished). [Read more…]
By lilly
SETTLEMENT: $1,650,000, FTCA/negligence, 2 children drowned in Flathead irrigation canal. [Read more…]
By lilly
Petitioner injured in MVA on way to work at wind farm in course & scope… Sandler. [Read more…]