VERDICT: Defense, medical malpractice, claim that had Plaintiff known daughter would be born with cystic fibrosis she would have terminated pregnancy. [Read more…]
Archives for February 2016
Drugs, Amtrak meth stop
DRUGS: Amtrak meth stop convictions affirmed… Morris affirmed (unpublished). [Read more…]
Indian thefts, enhancement, restitution
INDIAN THEFTS: Sentence for thefts from tribal entities properly enhanced by theft from individual… $19,735.77 restitution proper… Morris affirmed (unpublished). [Read more…]
Settlements
Plan I
Denielle Poling, upper leg, 1/13, $113,177, medical reserved, Leslae Dalpiaz
No lawyer: Roger Ball, upper leg, 15, disp, $1,500; Carla Young, mult, 10, $46,419, med res [Read more…]
Default judgment, refusal to mediate, $100,000
DEFAULT JUDGMENT ordering return of $100,000 investment properly granted for refusal to mediate… prejudgment interest properly awarded (damages ascertainable despite dispute over fraud claim), properly dated from funds transfer per facts alleged in complaint deemed admitted by default judgment… Krueger affirmed. [Read more…]
Attorney discipline, Arizona consent disbarment
ATTORNEY DISCIPLINE: Consent to Arizona disbarment based on ethical violations requires preclusive effect in Montana whether or not conduct admitted, but conduct not type for which disbarment typically ordered in Montana, warrants “substantially different discipline” under exception to Rule… public censure ordered… order. [Read more…]
Foreclosure, property quitclaimed to personal trusts
FORECLOSURE: Claim that owners quitclaimed property to their personal trusts prior to trustee’s sale resulting in fraudulent foreclosure rejected… J. Brown affirmed (IOR I-3(c)). [Read more…]
Marital, support, Marine pay plus allowances
MARITAL: Support properly increased from $74/mo to $935 based on combining Marine’s base pay and housing/subsistence allowances… CSED/Seeley affirmed. [Read more…]
Investigatory stop, walking toward vacant house
INVESTIGATORY STOP: Officer had particularized suspicion to stop persons walking toward vacant house under suspicious circumstances, meth later found in patrol car properly not suppressed… Fagg affirmed. [Read more…]
Restitution, youth vehicle thefts
RESTITUTION for vehicle thefts properly imposed on youth… Olson affirmed (IOR I-3(d)). [Read more…]