INITIATIVE: Locker Room Privacy Act ballot statements legally insufficient, returned to AG for revision… Special Concurrence offers alternative… order. [Read more…]
Archives for September 2017
Water, post-96 petition, Indian lands now fee ranch
WATER: No jurisdiction to hear post-96 petition for adjudication of rights appurtenant to Indian lands converted to fee in 2006 and acquired by ranch 2010-12, but exempt claim may be filed under 2017 revision… McElyea reversed. [Read more…]
Supervisory control, mid-year teacher hiring
SUPERVISORY CONTROL of Langton denied in teacher hiring dispute… redress options available if school year over before succeeding on appeal… order. [Read more…]
Marital, parenting, attorney fees, persistent father
MARITAL: Parenting, attorney fee claims by persistent father rejected… McLean affirmed (IOR I-3(c)). [Read more…]
Assault with weapon, vehicle gun point
ASSAULT WITH WEAPON conviction affirmed as to passenger charged with pointing gun at driver of another car… Fagg affirmed. [Read more…]
DUI, advise of independent blood test
DUI: No obligation to advise of right to independent BAC test where no PAST was given… Eisenbrandt/Christopher affirmed. [Read more…]
$1,139,803.76 attorney fees, will contest
ATTORNEY FEES: $1,139,803.76 contingency fees, $9,138.92 costs, jointly/severally against 2 Defendants in $2.7 million will contest… request to present juror testimony of “consensus” to apportion more fault to 1 Defendant denied… Berger. [Read more…]
$666,534.11 judgment, water easement trespass
WATER EASEMENT TRESPASS/NUISANCE: $622,196.56 damages, $29,991 attorney fees, $14,346.55 costs to Water District against subdivision developers for failure to build retaining wall to prevent erosion of earth protecting water & sewer lines consequently requiring new water line to town… $278,521.81 damages to homeowners… Cybulski. [Read more…]
Dog attack, total hip arthroplasty
DOG ATTACK: Summary judgment on liability in favor of Plaintiff who was only one who witnessed attack which resulted in total hip arthroplasty… Defendants offer only unsupported skepticism of veracity… Moses. [Read more…]
Stay, forum non conveniens, Libby asbestos
STAY: Libby asbestos insurance coverage suit filed in Montana by BNSF against 3 insurers stayed pursuant to forum non conveniens in light of Texas litigation… lack of necessary/indispensable parties, first to file, crowded Montana docket not reasons for stay… Moses. [Read more…]
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