JUDGE DISQUALIFICATION: De novo review adopted for denial of recusal request… timeliness requirement adopted for claim of disqualification that can be waived under CJC 2.12(c), claim of bias or prejudice cannot be waived and thus timeliness requirement not applicable to bias or prejudice, claim of knowledge of facts in controversy acquired from prior representation of client in separate but related matter subject to timeliness requirement… claim for disqualification of sentencing judge who represented SVORA Defendant’s daughter in abuse/neglect case in which Defendant was accused of incest subject to timeliness requirement, waived by counsel’s apparent tactical decision to not seek disqualification… Allison affirmed. [Read more…]
Archives for April 2015
Personal jurisdiction, RV refrigerator fire
JURISDICTION: Insufficient facts pled in complaint to establish jurisdiction over Ohio manufacturer of refrigerator that allegedly caused fire in Florida in RV made in Alabama and purchased by Montana LLC, deficiency not cured by arguments in brief derived from manufacturer’s website… leave to amend complaint denied for failure to establish general jurisdiction per Daimler… Townsend. [Read more…]
$200,842 verdict, work comp fraud/negligence
VERDICT: $200,841.75 (75/25) against HUB, summary judgment for MSF, constructive fraud/negligence claims by Montana drilling company as to comp coverage for work in Alaska. [Read more…]
Defense verdict, work comp bad faith
VERDICT: Defense, work comp bad faith, breach of duty but no loss or harm from delayed acceptance of claim that hip fracture surgery was necessitated by falls due to instability of knees from 1982 knee injury. [Read more…]
Settlements
Plan I
Steven Kuntz, shoulder(s), 7/14, disputed, $30,000, Paul Toennis
Jack Kottre, disk, 9/13, $3,000, Robert Ogg [Read more…]
Oil & gas taxes/issue preclusion
OIL & GAS TAXES/ISSUE PRECLUSION: Challenge of 2011 tax classification not precluded by Sherlock’s ruling as to 2004 classification which was reversed on appeal without addressing “single & continuous property” issue… Newman reversed.
McKinnon, McGrath, Wheat, Shea, Rice.
Omimex Canada v. DOR, DA 14-458, 4/14/15.
Jared Le Fevre & James Sites (Crowley Fleck), Billings, for Omimex; Courtney Jenkins & David Stewart (DOR).
Work comp settlements
Plan I
Steven Kuntz, shoulder(s), 7/14, disputed, $30,000, Paul Toennis
Jack Kottre, disk, 9/13, $3,000, Robert Ogg
Plan II
Robert George, multiple, 9/09, disp PT, $90,000, med res, James Hunt
Sean Marlow, lower leg, 1/12, $75,000, medical closed, Paul Odegaard
Debra Martinez, vertebrae, 7/14, $75,000, med clos, Stacy Tempel-St. John
Linda Whitaker, shoulder(s), 3/14, $45,000, Garry Seaman
Casey Wosepka, shoulder(s), 2/12, $43,000, medical closed, Norman Newhall
Jordan McClure, upper extremities, 5/14, disputed, $10,000, Steve Carey
No lawyer: Kristi Aaberg, knee, 02, $30,000; Randon Billman, whole body, 11, $27,000; Tina Guyett, hip, 14, $35,286, med res; Sarah Kenny, foot, 12, $24,000; Christie Lausch, hand, 14, disp, $5,000; Machelle LeProwse, disk, 06, $40,000; Wanda Ramage, mult, 07, $2,000, med clos; Bette White, mult, 13, $2,000
Plan III
Jeffrey Albrecht, low back, 2/02, $87,500, David Lauridsen
Christopher Kortlander, low back, 1/04, disputed PT, $80,000, medical reserved, David Lauridsen
Ray Cole, upper back, 4/11, $45,000, John Doubek
Larry Phillips, lower extremities, 11/14, disputed, $35,000, Bradley Jones
Robert Street, low back, 2/06, $15,000, Laurie Wallace
Marlene Watt, low back, 12/13, $3,500, medical closed, Leslae Dalpiaz
No lawyer: Wesley Clements, lower extrems, 10, $45,000; David Defer, low back, 13, disp, $10,000; Nick Gierbolini, upper back, 13, $4,000; Kandace Larsen, low back, 06, $40,000; Damon Peters, low back, 14, disp, $4,500; William Roepke, chest, 15, disp, $14,000; John Tescher, wrist, 14, disp, $2,000
Lending breach, bait & switch, $6 million verdict
LENDING BREACH: Sufficient evidence of fraud in surreptitious conversion of 30-year residential condo loan application to 18-month commercial loan resulting in predictable foreclosure… successor bank liable for punitives arising out of predecessor’s pre-merger conduct… $1 million compensatory, $5 million punitives verdict affirmed… interest improperly awarded from punitives decision rather than verdict… J. Brown affirmed, reversed. [Read more…]
Assault on officer, disputed “known to be officers”
ASSAULT ON OFFICER: Instruction requiring finding that deputies were officers during confrontation failed to also instruct that Defendant must have known them to be officers… convictions reversed… Salvagni reversed. [Read more…]
Liquor, unbroken case reimbursements
LIQUOR: Use of 1994 sales data per 1995 statute to calculate reimbursements for liquor store sales of unbroken cases was rational & reasonable in 1995 but not now, violates Class Plaintiffs’ substantive due process and equal protection under Montana Constitution and changed circumstances test (1st impression)… Pinski. [Read more…]