FELA: No Montana personal jurisdiction over BNSF for injuries claimed by non-Montanans injured outside Montana… Montana Supreme Court reversed. [Read more…]
Archives for 2017
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INSURANCE: Coverage claims in spy software cases properly rejected… Watters affirmed (unpublished).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engage in war with Government, claims of entrapment, lack of mens rea… 72 months reasonable sentence… Watters affirmed (unpublished).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…]
Judge disqualification, his own consent judgment
JUDGE DISQUALIFICATION: Judge presiding over insurer’s challenge of $10 million accounting malpractice consent judgment should have been disqualified in light of his insurer’s challenge of sexual harassment consent judgment with court reporter… orders upholding consent judgment properly vacated by new judge… Fagg affirmed. [Read more…]
Legal malpractice, malicious prosecution
LEGAL MALPRACTICE: Settlement in underlying litigation properly admitted under seal to establish that Plaintiff was not prevailing party as to malicious prosecution claim… all claims properly rejected… Pinski affirmed (IOR I-3(c)). [Read more…]
City annexation, “partial” “contiguous” tracts
CITY ANNEXATION: “Partial” tracts linked by road properly deemed contiguous… no fraud or duress in obtaining annexation waivers in exchange for water… equal protection claim rejected… Gilbert affirmed. [Read more…]
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