Montana Law Week

The Weekly Digest of Montana Law

Archives for 2015

Settlements

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Plan I

Wilmer Deshner, knee, 7/06, at CMC, benefits paid but further liability denied, filed another claim in 2012 with St. Patrick Hospital which has paid benefits with reservation, MHA to pay St. Patrick $20,000, accept liability for ongoing knee problems, pay Deshner $25,000, stipulated judgment; Andrew Huppert for Deshner, Charles Adams for St. Patrick, Todd Hammer for MHAWCR [Read more…]

Negligent misrepresentation/CPA, ski-out access

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NEGLIGENT MISREPRESENTATION/CPA: Chalet seller did not negligently misrepresent that ski-out access would be built by developer or violate CPA because representation was as to a future event, true at time it was made, prevented only by developer’s bankruptcy… argument about negligent misrepresentation elements not waived by raising in reply brief in support of in limine motion when opponent raised it in response brief… $2,232,386 bench judgment reversed… Tucker reversed. [Read more…]

Settlements

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Plan I

William Sharrard, knee, 5/12, disputed extent of recovery, cervical fusion after mine bus went off road 1/14, MMI, 6% impairment, disputed conversion to PPD, $75,000, stipulated judgment; Hannah Stone for Sharrard, Joe Maynard for Stillwater Mining [Read more…]

Judge substitution, CJ-appointed retired judge

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JUDGE SUBSTITUTION: Chief Justice assignments of retired judges under §19-5-103 are within the scope of the right to substitution under §3-1-804… supervisory control of Christopher and Manly granted, new judge shall be assigned in place of Ret. Judge Harkin… sealed exhibits in petition ordered unsealed… opinion & order. [Read more…]