FELA/SPOLIATION: Default judgment for failure to preserve workplace video properly denied, but some meaningful sanction should be imposed in new trial of injury claim following defense verdict… Macek reversed. [Read more…]
Archives for June 2015
Debt collection, unpaid GAL services
DEBT COLLECTION: FDCPA not applicable to order for wife to pay half of GAL’s services… GAL’s attempt to enforce collection of payment protected by quasi-judicial immunity (1st impression)… defamation claim properly rejected on summary judgment for failure to sign interrogatory responses… $7,408.70 principal plus interest properly awarded on summary judgment… Townsend affirmed. [Read more…]
Mental commitment, failure to file report
MENTAL COMMITMENT: Psychologist’s failure to file statutorily required report not prejudicial in this case, plain error review declined… Deschamps affirmed. [Read more…]
Jurisdiction, grand jury indictment
JURISDICTION: Defendant not entitled to grand jury under Montana’s constitutional and statutory scheme for initiating prosecution… Haynes affirmed. [Read more…]
$400,000 verdict, FELA, back herniation
VERDICT: $400,000, FELA, carman, claimed low-back herniation from working on brakes around icy berm… defense verdict as to cumulative trauma. [Read more…]
Defense verdict, med-mal, hysterectomy
VERDICT: Defense, medical malpractice, alleged unnecessary hysterectomy without proper consent and with complications. [Read more…]
Defamation, Remington 700 settlement release
DEFAMATION: Post-release claim against Remington for TV statements dismissed in light of similar pre-release TV statements… Christensen affirmed (unpublished). [Read more…]
Political contributions, Citizens United test
POLITICAL CONTRIBUTIONS: Wrong standard applied for permanently enjoining enforcement of Montana’s restrictions on contributions, must be tested under more restrictive Citizens United test… Lovell reversed. [Read more…]
False statement to FBI, tribal police officer oral sex
FALSE STATEMENT TO FBI: Tribal police officer’s convictions in relation to allegedly threatening jail or oral sex affirmed despite acquittal of sex abuse… victim’s 10-year-old convictions properly excluded for credibility impeachment… Morris affirmed (unpublished). [Read more…]
Firearms, alleged jury taint, pro per claims
FIREARMS: New-trial hearing required on claim that ex-girlfriend loudly proclaimed before jurors in lobby Defendant’s criminal past, bad behavior, willingness to do anything for money… pro per and other claims properly rejected… Nielsen affirmed, reversed (unpublished). [Read more…]
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