HUNTING: “Ignorance” of BMA sign-in requirement for hunting on private property no excuse… conviction affirmed… Tucker affirmed. [Read more…]
Archives for July 2017
Plea withdrawal, subsequent psychological status
PLEA WITHDRAWAL: Findings supporting acceptance of guilty plea determinative of plea withdrawal motion, not subsequent psychological status… withdrawal properly denied… Sherlock affirmed (IOR I-3(c)). [Read more…]
Indians, explosion damages, tribal immunity
INDIANS: District Court exceeded authority in considering tribal members’ declaratory action to recover damages from an explosion, but correctly dismissed based on tribal sovereignty… Morris affirmed (unpublished). [Read more…]
ERISA, “Chamber Choices” health insurance
ERISA: Claims against “Chamber Choices” health insurance program for assessing surcharges that were kicked back to Chamber of Commerce and charges for insurance products without consent of small businesses rejected for failure to establish fiduciary duty, failure to segregate funds… state law claims impermissible “alternative enforcement mechanisms”… Christensen. [Read more…]
CTS aggravation under 2nd insurer
Longer hours under 2nd insurer aggravated CTS for which 1st insurer had accepted liability… 2nd insurer liable, not entitled to indemnification from 1st insurer… Sandler. [Read more…]
Settlements
Plan I
Judith Green, upper arm, 1/91, $59,000, Rick Pyfer
Lonna Olson, ankle, 11/14, $48,000, Leslae Dalpiaz
No lawyer: Thomas Green, mult, 16, $1,000 [Read more…]
Tortious interference with purported employment
TORTIOUS INTERFERENCE WITH EMPLOYMENT claim in drilling rig-to-rig transfer denial rejected in 1st-impression case relying on Montana Supreme Court precedent… Terra Owen. [Read more…]
Medical malpractice, CF birth, defense verdict
MEDICAL MALPRACTICE: Defense verdict affirmed in suit against NP and OB/GYN where mother claimed that had she known baby would have CF she would have aborted… collateral source testimony properly admitted under curative rule… expert testimony within disclosure scope… new trial properly denied based on suggestion that mother was suing out of avarice for herself instead of for the child’s well-being… Salvagni affirmed. [Read more…]
Bar admission, regrade 1-point-short exam
BAR ADMISSION: Request for regrading of exam essay which fell 1 point short denied… order. [Read more…]
Bar admission, proctor coughing during exam
BAR ADMISSION: Request for additional 4.3 points on exam to counter coughing and moving about by proctor as if to intentionally disturb exam denied… order. [Read more…]
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