PUBLIC ACCESS EASEMENT: Advisory jury’s verdict of $375,000 properly adopted as supplemental declaratory relief for “restoration” of public access bridge that had been moved from canal crossing… fees/ costs properly awarded PLWA, but improperly ordered taken out of $375,000 restoration fund, remanded for separate award… Olson affirmed, reversed. [Read more…]
Archives for 2015
Order of protection, sua sponte amendment, fees
ORDER OF PROTECTION/EASEMENT: Order of protection improperly amended sua sponte without notice… amendment of injunction complaint to add new easement theories and property owner as Defendant properly denied, summary judgment properly granted based on original complaint… equitable attorney fees properly awarded Plaintiffs… Wheelis affirmed, reversed. [Read more…]
MPERA, terminated v. disabled trooper
MPERA properly paid retirement to terminated patrolman who insists he is injured trooper on leave since 1962… Todd affirmed (IOR I-3(d)). [Read more…]
DUI, blood draw 8 hours after MVA
DUI: Blood drawn 8 hours after driving within reasonable time under circumstances of delay in getting to hospital… Oldenburg affirmed. [Read more…]
DUI, 3 prior Idaho DUIs, 1 pled to 2nd
DUI: All 3 Idaho DUIs properly counted in Montana 4th DUI charge, including a felony 3rd that was plea bargained to a misdemeanor 2nd… Tucker affirmed. [Read more…]
Postconviction, new evidence of innocence
POSTCONVICTION petition claiming new evidence of innocence properly rejected as untimely… Christopher affirmed (IOR I-3(d)). [Read more…]
Hospital services, uninsured patient, fees/costs
HOSPITAL SERVICES: Challenges to rates charged uninsured patients v. insureds dismissed for failure to state claim… dispute over number of surgical implants dismissed on summary judgment… fees/costs awarded for frivolous complaint… Salvagni. [Read more…]
Judge recusal, all Judges named Defendants
JUDGE RECUSAL: Rule of necessity permits a judge to hear a case in which a plaintiff sues all judges of the district… Lynch/Molloy affirmed (other grounds). [Read more…]
Sentencing, “sophisticated means” enhancement
SENTENCING: “Sophisticated means” enhancement properly applied to coordinated/repetitive transfer of money from charity to personal account… Morris affirmed. [Read more…]
Last injurious asbestos exposure
Interrogatory statement that Petitioner had “significant asbestos exposure” while working for 3rd employer (Libby) insufficient to support summary judgment for 2nd employer (Lincoln Co.)… Sandler. [Read more…]
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