Montana Law Week

The Weekly Digest of Montana Law

Archives for 2015

Marital, settlement conference waiver

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MARITAL: Waiver of Rule 16(a) conference on wife’s motion before husband had chance to respond within Judge’s discretion… no right to continuance after non-attorney withdrew shortly before trial… estate generally properly apportioned, but 2-year delay in issuing decree resulted in inequitable division of 401(k), 5 acres purchased with disabled son’s SS but held in parties’ names should be distributed… maintenance, fees properly awarded to wife… husband properly sanctioned for removal of 4-wheeler in violation of ERO… appeal sanctions denied… Ortley affirmed, reversed (IOR I-3(d)). [Read more…]

Medical malpractice, admitted liability medicals

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MEDICAL MALPRACTICE: Summary judgment in amount of $752,723.62 medical bills incurred for admitted liability bile duct severance, consistent with Rule 56 and Ridley, over contention that Plaintiffs can recover only $233,736.30 paid by Medicare and Medicaid… summary judgment for $76,723 undisputed home care, disputed amounts may be resolved at trial… pre-judgment interest on summary judgment amounts… Manley. [Read more…]