RAPE: Supervisory control of Christopher denied as to exclusion of accuser’s criminal charges… order. [Read more…]
Archives for June 2017
Trespass/mischief, climate change vandalism
TRESPASS/MISCHIEF: Supervisory control of Boucher denied as to denial of defense of necessity in pipeline vandalism by climate change activist… order. [Read more…]
$4,373,138.50, water/sewer contract termination
VERDICT: $4,373,138.50 to contractor against engineers for City water & sewer main replacement contract termination… $650,000 settlement with City with confessed judgment/assignment of claims against engineers. [Read more…]
FELA, non-Montanans injured outside Montana
FELA: No Montana personal jurisdiction over BNSF for injuries claimed by non-Montanans injured outside Montana… Montana Supreme Court reversed. [Read more…]
Insurance, spy software coverage
INSURANCE: Coverage claims in spy software cases properly rejected… Watters affirmed (unpublished). [Read more…]
Environment, new road blocked by berms
ENVIRONMENT: New road to be blocked by berms to prevent motorized access not countable toward “linear miles of total roads”… Christensen affirmed. [Read more…]
Sentencing, judge v. jury finding of meth amount
SENTENCING: Petition for rehearing en banc denied as to Panel’s ruling that Haddon improperly found 4.536 kg of meth for sentencing purposes when jury found less than 50 grams… order. [Read more…]
Sentencing, §3582(c)(2) reduction, leave to proceed
SENTENCING: §3582(c)(2) reduction is not new, intervening judgment, Defendant must obtain leave to proceed on 2nd §2255 motion (joining sister Circuits)… application denied for lack of newly discovered evidence or new rule of constitutional law… order. [Read more…]
Illegal machine gun, entrapment, mens rea
ILLEGAL MACHINE GUN conviction affirmed over Rule 403/1st Amendment challenge to Defendant’s statements of plan to engage in war with Government, claims of entrapment, lack of mens rea… 72 months reasonable sentence… Watters affirmed (unpublished). [Read more…]
Settlements
Plan I
Janice Kjelsrud, upper arm, 6/15, $10,000, Kim Schulke
No lawyer: Susan Mielke, shoulders, 09, $61,448, med res; Lacey Jeffers, elbow, 16, disp, $2,500; Sharon Vladic, low back, 12, $50,622, med res [Read more…]