INVERSE CONDEMNATION: Jury incorrectly instructed to prove elements beyond Art. II §29 and case law, but Plaintiffs failed to prove that State’s construction of highway and culvert caused their house damages from massive rock falling from Billings Rims… defense verdict affirmed… Moses affirmed. [Read more…]
Archives for March 2017
Real estate development, “muddled & chaotic case”
REAL ESTATE DEVELOPMENT: Summary rulings in “muddled and chaotic case” in which no party substantially prevailed affirmed… no fees per prevailing party or derivative claim statute… Jones affirmed. [Read more…]
Assault on minor, lying interrogators of mother
ASSAULT ON MINOR: Mother’s interrogation “admission” to shaking baby who died of brain injury improperly induced by psychological coercion, lies, misrepresentations, improperly admitted at trial… conviction reversed… Sandefur reversed. [Read more…]
Felony murder, prior alleged homosexual rape
FELONY MURDER: Prior uncharged alleged homosexual hot springs rape properly admitted under 404(b) as proof of modus operandi in felony murder with hot springs rape as predicate offense, also properly admitted under 403 as highly probative of underlying homosexual rape… inadequate determination of ability to pay counsel, prosecution, jury selection… Larson affirmed, reversed. [Read more…]
Deputy termination, $125,786.71 back pay/benefits
SHERIFF’S DEPUTY TERMINATION: Deputy wrongfully terminated for “insubordination” awarded $125,786.71 back pay & benefits, $247.25 per diem until reinstated or case resolved… disputed interpretation of §7-32-2110 resolved in deputy’s favor… Gilbert. [Read more…]
Disability discrimination, hospital Instrument Tech
DISABILITY DISCRIMINATION claims by hospital Instrument Tech with speech/learning disabilities survive summary judgment except as to untimely retaliation claim under Montana law… Watters. [Read more…]
Jurisdiction, restoration plan “reactive” challenge
JURISDICTION declined over “reactive” request that environmental restoration plan proposed by landowners in pending State Court action be declared prohibited by CERCLA… Lynch/Morris. [Read more…]
Chiropractor, “medically determined,” 1991 WCA
Chiropractor cannot provide “medically determined” restriction or “physician’s” inability to work TOI job certification under 1991 law to support PPD/rehab claims by Claimant injured in 1991… Sandler. [Read more…]
Settlements
Plan I
Mark Roy, low back, 12/15, $20,000, Leslae Dalpiaz [Read more…]