Montana Law Week

The Weekly Digest of Montana Law

Archives for October 2016

Foreclosure, challenge of banks’ interest

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FORECLOSURE: Homeowners have standing to challenge foreclosure because they were original grantors of beneficial interest created by MSTFA, but claim for declaration that banks hold no beneficial interest in the property and have no right to act as servicer of their loan or foreclose on it barred under 3-year statute for conversion of instrument (the Note)… Christensen. [Read more…]

Settlements

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Plan I

Harvey Erlenbusch, injured in 1/16, insurer initiated all benefits due & owing, Petitioner underwent reduction/internal fixation for fractured ankle shortly thereafter, disputes as to whether he suffered any wage loss, whether he injured any part other than low back, whether he requires further treatment for back, causal relatedness of future treatment, $85,000 new money for all claims, stipulated judgment; Matthew Murphy for Erlenbusch, Joe Maynard for Hartford [Read more…]

Sex discrimination, prior bad acts on direct

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SEX DISCRIMINATION: HO abused discretion by failing to hold employer to scheduling order, allowing improperly disclosed witnesses, permitting witnesses on direct to provide irrelevant prior bad acts evidence as to how co-Petitioner treated women and improperly relied on such testimony in finding that his alleged poor moral character reflects upon his and co-Petitioner girlfriend’s credibility… HRC reversed, remanded for new hearing before new HO… Cooney. [Read more…]