AGGRAVATED ASSAULT: Testimony that CPS removed children following head injury incident improperly admitted but harmless in light of admissible testimony… $3,568,861.69 restitution properly ordered for future care… Knisely affirmed. [Read more…]
Archives for 2017
Prosecutorial misconduct, aggravated assault
PROSECUTORIAL MISCONDUCT claims not established sufficiently by aggravated assault Defendant for plain error review… Townsend affirmed. [Read more…]
Insurance, $300,000 consent, basement flooding
INSURANCE: Insurer owes purchaser of home with basement flooding the $300,000 amount of a confessed judgment against seller, $20,000 that seller paid to purchaser, $16,943.11 attorney fees/costs from the underlying case, prejudgment interest, fees in pursuing damages for breach of duty to defend seller (Plaintiff to submit documentation supporting 40% contingency)… Haynes. [Read more…]
Judicial elections, political endorsements
JUDICIAL ELECTIONS: Montana political endorsements prohibition upheld… Haddon affirmed. [Read more…]
Insurance, bad faith after TIC settlement
INSURANCE: JML for insurer on bad faith claims following settlement of tenants-in-common investments suit by ranch affirmed… Haddon affirmed (unpublished). [Read more…]
EAJA, “waived through” border crosser
EAJA: Plaintiff entitled to fees/costs as prevailing party in District Court appeal of Immigration Judge’s rejection of her assertion that she qualified as an “admission” because she was “waived through” at the border… Molloy reversed (unpublished). [Read more…]
Mineral prospect fees, Area of Mutual Interest
MINERAL PROSPECT FEES: Area of Mutual Interest Agreement unambiguous… Johnston affirmed (unpublished). [Read more…]
CWA, ponds on forest lands, mining claim
CLEAN WATER ACT: Convictions stemming from series of ponds on forest lands and mining claim affirmed… Defendant properly ordered to some defense costs at 1st trial which resulted in hung jury… Molloy affirmed. [Read more…]
Settlements
Plan I
Richard Rawson, lumbar spine, 4/05, 9/13, 10/14, St. James Hospital, Butte, benefits initiated and all amounts due & owing paid, dispute as to whether Petitioner is PTD, $225,000 ($88,982 MSA) for all claims, stipulated judgment; Michael McKeon Jr. for Rawson, Joe Maynard for Sisters of Charity of Leavenworth Health System [Read more…]
Arbitration, employment termination, defense
ARBITRATION of employment termination properly compelled, arbitration clause valid, award of judgment to employer properly confirmed… Oldenburg affirmed. [Read more…]
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