Montana Law Week

The Weekly Digest of Montana Law

Archives for July 2016

Escrow malpractice, unauthorized payoff

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ESCROW MALPRACTICE: Bank breached fiduciary duty and contract by “scheme” to lend farm buyers $693,214 in order to make unauthorized withdrawal of $176,000 from seller’s savings account and unauthorized payoff of contract for deed to original seller resulting in loss of interest payments to subsequent seller, to benefit bank as lender… tortious breach of implied covenant of good faith fails as farm sale had profit motive… damages trial set… Boucher. [Read more…]

Settlements

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Plan I

Kent Petry, injured in 4/67, Plum Creek Timber, for which Plum Creek accepted liability but has denied further indemnity/medical, medical limited to 36 months pursuant to §92-706, also claims OD in 1/16 for knee/hip/back/wrist for which liability has been denied, Petitioner also claims knee/wrist injury for which he did not file a claim and which occurred more than 10 years ago, liability for which has been denied, $90,000 for all claims, stipulated judgment; Michael Bliven for Petry, Todd Hammer for Plum Creek [Read more…]

Child pornography, “in concert with” 3 others

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CHILD PORNOGRAPHY: Defendants acted “in concert with” at least 3 others in sharing child porn on message board, properly convicted of participating in exploitation enterprise… sharing with closed community of 40-45 constituted advertisements under §2251(d) (1st impression in 9th Circuit)… victim’s losses caused by original abuse should be disaggregated from losses attributable to continued viewing consistent with subsequent Galan rule… Molloy affirmed, reversed. [Read more…]