Archives for 2017

Stay, federal v. state mining condemnation

August 19, 2017 By lilly

STAY of federal mining condemnation should have been granted pending parallel State Court action… Christensen reversed. [Read more…]

Settlements

August 19, 2017 By lilly

Plan I

Rita Carlson, buttocks, 12/14, $70,000, medical closed, Michele Levine

Mark Paddock, wrist, 5/15, disputed, $5,000, Alex Evans [Read more…]

Consumer Protection Act jurisdiction/venue

August 12, 2017 By lilly

CPA JURISDICTION/VENUE: Chouteau Co. Court had jurisdiction over dispute involving trailer purchased in Billings from Bozeman corporation and delivered to Chouteau… venue also proper in Chouteau under CPA (1st impression)… Boucher affirmed. [Read more…]

Deliberate homicide, deputy laying spike strips

August 12, 2017 By lilly

DELIBERATE HOMICIDE: “Most reasonable interpretation” circumstantial instruction did not undercut proof beyond a reasonable doubt… conviction stemming from high-speed pursuit strike of Deputy laying spike strips affirmed… Sandefur affirmed. [Read more…]

Double jeopardy, aggravated assault, felony PFMA

August 12, 2017 By lilly

DOUBLE JEOPARDY not implicated by prosecution for aggravated assault after guilty plea to felony PFMA was vacated… Todd affirmed. [Read more…]

Deceptive practices, Internet scams

August 12, 2017 By lilly

DECEPTIVE PRACTICES: Prior investigations and convictions properly admitted in Internet scam case… detective properly allowed to testify as scam expert over late-disclosure objection… instruction for misdemeanor theft properly rejected based on value of bad checks… Deschamps affirmed. [Read more…]

Equal protection, preferred provider agreements

August 12, 2017 By lilly

EQUAL PROTECTION: Plaintiff failed to show that PPAA and hospital’s implementation violate Montana Equal Protection… Reynolds. [Read more…]

Excessive force/Terry stop, state law claims

August 12, 2017 By lilly

EXCESSIVE FORCE/TERRY STOP: Dismissal of state law claims against officer and City relating to investigation of motorcyclists/motorist confrontation properly dismissed on summary judgment following 9th Circuit disposition of federal claims affirmed… objection to supplemental jurisdiction waived but in any event properly exercised… Watters affirmed (unpublished). [Read more…]

Intervenor standing, lynx trapping settlement

August 12, 2017 By lilly

INTERVENOR STANDING lacking in appeal of order by Christensen approving lynx trapping settlement. [Read more…]

Spousal victim, compelled testimony

August 12, 2017 By lilly

SPOUSAL VICTIM properly compelled to testify against husband… hundreds of years of precedent not overruled by Trammel (US 1980)… Watters affirmed. [Read more…]