PURSUIT DEATH: Original limitation period tolled for claims against County until Estate received notice of denial, 6-month claim period never began because County never responded, suit timely commenced… Rouse and Stratemeyer reconciled… Jones reversed. [Read more…]
Archives for July 2016
Mental commitment, pre-prepared order
MENTAL COMMITMENT: Pre-prepared order signed at conclusion of hearing insufficient for commitment, Court declines to expand implied facts doctrine to affirm order that is beyond “bare-bones” and “spartan”… commitment reversed… Wheelis reversed. [Read more…]
Water, call from senior Teton River holders
WATER: Prior Appropriation Doctrine properly applied to find that junior Teton River rights holder wrongfully ignored call for water from senior holders, enjoined from continuing out-of-order diversions after receiving calls… Bidegaray affirmed. [Read more…]
Incest, 17-year-old consensual sex with father
INCEST: 17-year-old who had consensual sex with father not legally accountable for father’s incest, distrust instruction properly refused… corroborating evidence still required, and was offered… conviction affirmed… Dayton affirmed (other grounds). [Read more…]
Sentencing, $25,000 to care for teen sex twins
SENTENCING: $25,000 restitution properly ordered for lost wages of grandmother caring for twins resulting from teen sex… oral modification of some probation conditions not reflected in written judgment where Defendant was charged with SIWC but pled to endangerment… Reynolds affirmed, reversed. [Read more…]
Speedy trial, new trial w/in 6 months of mistrial
SPEEDY TRIAL not violated as new trial date was within 6 months of mistrial, charges need not be refiled within the 6 months… Ortley affirmed (IOR I-3(c)). [Read more…]
Exemptions, Health Savings Accounts
EXEMPTIONS: Health Savings Accounts subject to execution… Fagg. [Read more…]
Vehicle dealership, limitation of remedies
VEHICLE DEALERSHIP: Limitation of remedies provision bars Plaintiff’s claim for consequential damages for breach of contract but not for “loss resulting in the ordinary course of events from the seller’s breach”… Montana law at the time correctly applied to tort claims (3-year statute), but subsequent Masters mandates applying choice-of-law provision to tort claims arising out of performance of contract as well as contract claims, provision stipulates Texas law (4-year statute)… Molloy affirmed, reversed (unpublished). [Read more…]
Bankruptcy, Yellowstone Mountain Club
BANKRUPTCY: Debtor’s intervention constituted consent to jurisdiction… divorce releases constituted fraudulent transfer, do not shield Debtor from liabilities to Yellowstone Club Liquidating Trust… Yellowstone Mountain Club’s fiduciary claims not time-barred… Debtor breached fiduciary duties to Club even though Club technically owned by alter ego… Debtor’s loan from Club was constructively fraudulent transfer… in pari delicto erroneously applied to reduce damages to liquidating trust… Kirscher/Haddon affirmed, reversed (unpublished). [Read more…]
SS, pain claim
SS: ALJ failed to provide sufficient reasons for rejecting pain Claimant’s testimony, as well as opinions of treating physician, nurse, counselor… remanded for award of benefits… Morris reversed (unpublished). [Read more…]
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