The Weekly Digest of Montana Law
By lilly
Plan I
James Lewis, knee, 7/15, disputed compensability in light of recent prior non-work-related knee surgery, Petitioner ultimately achieved MMI, was assigned 4% impairment, and restricted to 25 lbs lifting, various disputes and potential liability for additional care, $65,000, stipulated judgment; Patrick Gallagher for Lewis, Joe Maynard for Les Schwab Tire Centers of Montana [Read more…]
By lilly
EASEMENT claims across absentee owner’s land based on prescription, implication, estoppel properly rejected on JML… Ortley affirmed (IOR I-3(c)). [Read more…]
By lilly
CONSERVATOR removal properly denied, no prima facie good cause… Gustafson affirmed (IOR I-3(c)). [Read more…]
By lilly
FORECLOSURE: Fraudulent chain of title claim fails for insufficient particularity to give notice to note holder… Christopher affirmed (IOR I-3(c)). [Read more…]
By lilly
TRAFFIC STOP: Particularized suspicion to stop vehicle with stencil covers on tail lights based on need to establish whether lights were visible at 1,000 feet… drug suppression properly denied… Larson affirmed. [Read more…]
By lilly
PFMA: 2011 “opposite sex” violates equal protection, but statute stands with provision severed, conviction affirmed… Wilson/Ortley affirmed (other grounds). [Read more…]
By lilly
SPEEDY TRIAL: 6-months trial right waived by Defendant’s motion to continue and vacate trial date… Muth/Jones affirmed. [Read more…]
By lilly
PLEA WITHDRAWAL properly denied for sexual assault Defendant claiming 11-year-old had misrepresented age… Jones affirmed (IOR I-3(c)). [Read more…]
By lilly
SEIZURE: Car at overlook not “seized” by officers pulling behind, checking on occupants… suppression of drugs properly denied… Olson affirmed (IOR I-3(c)). [Read more…]
By lilly
SENTENCING: Defendant waived right to appeal $2,731.17 restitution for bad checks despite “$00.00” in plea agreement… Deschamps affirmed (IOR I-3(c)). [Read more…]