Continued exposure to asbestos satisfied “potentially causal” standard for refinery worker after he became asphalt salesman in office across the street, insurer at risk during time as salesman liable but did not unreasonably deny… Sandler. [Read more…]
Archives for June 2017
Settlements
Plan I
Shane Schaff, skull, 5/09, $120,000, Leslae Dalpiaz
Jody Johnson, low back, 3/12, $80,000, Matthew Murphy [Read more…]
Public duty, officer as sole cause of harm
PUBLIC DUTY: Certified question from 9th Circuit accepted as to whether Montana public duty doctrine shields an officer from negligence liability where he is the sole cause of the plaintiff’s harm… order. [Read more…]
Right to know/participate, Title Bureau relocation
RIGHT TO KNOW/PARTICIPATE: Appeal of Dayton’s judgment rejecting challenges to Title Bureau move from Deer Lodge to Helena dismissed as moot since relocation completed and Plaintiffs failed to seek stay. [Read more…]
Attorney discipline, IOLTA “borrowing”
ATTORNEY DISCIPLINE: IOLTA “borrowing,” suspension for at least 7 months… order. [Read more…]
Attorney discipline, non-admitted attorney
ATTORNEY DISCIPLINE: Written public censure, apology to Judge Haddon, for including non-admitted attorney on bankruptcy filings… order. [Read more…]
Subdivision, 17,240 acres in 40-acre parcels
SUBDIVISION: Unrecorded 1974 photos marked into 40-acre parcels insufficient to constitute subdivision… agreement to sell 17,240 acres in 40-acre parcels as buyer secures contracts did not create segregated parcels… Clerk & Recorder not equitably estopped from refusing to file deeds… Hayworth affirmed (IOR I-3(c)). [Read more…]
Double jeopardy, meth possessed for own use
DOUBLE JEOPARDY not violated by prosecution for meth possessed by Defendant for own use vis-à-vis federal distribution conviction… Langton affirmed. [Read more…]
Postconviction, failure to provide statutory items
POSTCONVICTION petition alleging IAC properly dismissed for failure to provide statutory items… Larson affirmed (IOR I-3(c)). [Read more…]
Postconviction, Brady/IAC claims
POSTCONVICTION Brady/IAC claims properly denied… Jones affirmed (IOR I-3(c)). [Read more…]