Montana Law Week

The Weekly Digest of Montana Law

Archives for May 2017

Unlawful entry, $2 verdict against Deputy

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UNLAWFUL ENTRY: $2 verdict for Deputy’s unlawful entry into home affirmed over claim that verdict did not require jury to find that his entry was combined with “an attempt to find something or to obtain information within the residence,” since deputy admitted that he entered to ensure that someone was supervising a young boy he had seen outside (even if he was not looking for person in DUI crash)… Molloy affirmed (unpublished). [Read more…]

Bankruptcy, fraudulent transfer, marital estate

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BANKRUPTCY: Debtor’s interest in $400 million marital estate improperly excluded in determining insolvency at time of $13 million loan for fraudulent transfer purposes… lender’s challenge of holding that res judicata precluded Trustee’s usury claim waived… Kirscher/Christensen affirmed, reversed (unpublished). [Read more…]

Settlements

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Plan I

Paul Thibeault, multiple, 3/99, 12/11, 3/12, 3/13, Stillwater Mining’s Sweetgrass Co. mine, Stillwater initiated benefits on some claims but denied the 2011 claim, 2013 claim was to elbow, Petitioner developed cervical problems several months later which Stillwater denied, also denied liability for shoulder problem which arose a few years after elbow injury, disputes include medical causation of various orthopedic complaints, prior restrictions, credit for prior settlements, entitlement to ongoing benefits, $100,000 for all claims, stipulated judgment; Thomas Murphy for Thibeault, Joe Maynard for Stillwater [Read more…]