MARITAL: Husband’s challenge of order to repay wife’s SS received while she was incarcerated rejected for failure to present evidence showing error or abuse of discretion… Krueger affirmed (IOR I-3(c)). [Read more…]
Archives for August 2016
Revocation, field warrant timing
REVOCATION: Field warrant faxed 36 hours before arrest complied with requirement of “within 12 hours of the probationer’s arrest”… Manley affirmed. [Read more…]
Medical malpractice rulings, rebuttal disclosures
MEDICAL MALPRACTICE: Rulings on expert/rebuttal disclosures in heart attack case against hospital involving issues of oxygen saturation, unnamed hospital doctors… fact issues as to breach of standard of care precludes summary judgment for Plaintiff on liability… hospital’s motion for summary judgment based on “judicial admissions” by Plaintiff’s counsel rejected… J. Brown. [Read more…]
Defense verdict, water truck brake failure
VERDICT: Defense, allegedly defective water truck resulting in brake failure. [Read more…]
Settlements
Plan I
Rhonda Brugman, low back, 12/14, $60,000, medical closed, Michele Levine [Read more…]
Justiciability, sexual orientation ordinance
JUSTICIABILITY: Challenge of sexual orientation housing ordinance properly dismissed as not presenting case or controversy… J. Brown affirmed. [Read more…]
Municipal water, condemnation, “more necessary”
MUNICIPAL WATER: Missoula proved that its contemplated use of a water system is “more necessary” than the current use as a privately owned for-profit enterprise, preliminary condemnation order affirmed… Townsend affirmed. [Read more…]
Order of protection, 35 violations in 2 hours
ORDER OF PROTECTION: State not precluded from charging 35 violations for messages sent within 2 hours over claim of single transaction… Larson affirmed. [Read more…]
Case file production, available v. deliver
CASE FILE PRODUCTION: County Attorney made case file available to an agent of prisoner, not obligated to deliver the materials… Seeley affirmed (IOR I-3(c)). [Read more…]
$14,722,297.88, under-compensated liquor discounts
BENCH JUDGMENT: $14,722,297.88 for liquor stores that were under-compensated for discounts for unbroken cases… Pinski. [Read more…]