BURGLARY: Suppression of physical items and admissions properly denied… Olson affirmed. [Read more…]
Archives for July 2016
Revocation, 2011 amendment, ex post facto
REVOCATION under 2011 amendment not violative of ex post facto… H. Brown affirmed. [Read more…]
Procedure, pro se filing restrictions
FILING RESTRICTIONS placed on filings by pro se Defendant with history of petitions and appeals, summary denial of motions to vacate sex convictions affirmed… Haynes affirmed (opinion & order). [Read more…]
$2,375,000 class settlement, residential rentals
SETTLEMENT: $2,375,000, class action, residential rental agreements with allegedly illegal provisions. [Read more…]
Petition filed prior to mediator’s report
Petition filed prior to mediator’s report dismissed for failure to show that mediator failed to comply with deadline where parties agreed to postpone report to submit supplemental information… Sandler. [Read more…]
Settlements
Plan I
Paula Schulz, shoulder, 9/15, insurer initiated all benefits due, following conservative care Petitioner underwent subacromial decompression, distal clavicle resection, debridement of rotator cuff, returned to work as housekeeper at TOI employer during recovery, did quite well, treating physician determined MMI, 6% impairment, 30 lbs lifting, approved job descriptions, Petitioner was offered full-time employment at TOI wage which she rejected because it interfered with her childcare, disputed wage loss and whether childcare needs are justifiable reason to reject alternate offer, $35,000, stipulated judgment; Andrew Miller for Schulz, Joe Maynard for Montana Health Network [Read more…]
Irrigation pipeline, maintenance easement
IRRIGATION PIPELINE: Scope of secondary maintenance easement properly defined… fees properly denied to partially prevailing Plaintiffs whose conduct was also improper… Allison affirmed (IOR I-3(c)). [Read more…]
SNAP reduction to account for VA benefits
SNAP properly reduced to account for VA benefits, erasure of recording of 1st hearing remedied by 2nd hearing… Townsend affirmed (IOR I-3(c)). [Read more…]
Attorney discipline, DUI representation
ATTORNEY DISCIPLINE: Suspension for failure to properly represent DUI client… order. [Read more…]
DUI, obviously intoxicated driver
DUI: Sufficient probable cause to arrest obviously intoxicated driver whom officers first encountered stumbling next to her horse for threat to public safety, field tests not required… Fagg affirmed (IOR I-3(c)). [Read more…]