SETTLEMENT: $1,250,000, following finding of no immunity for deputies who killed burglary/auto theft suspect absent proper Terry stop. [Read more…]
Archives for 2017
Medical bills paid by Libby Medical Plan
Insurer not liable under §704 as interpreted in Shepard for decedent’s medical bills which were paid by entity that is not seeking reimbursement… Sandler. [Read more…]
Settlements
Plan I
Tara Pfaff, multiple, 7/14, $60,000, Paul Adam [Read more…]
Costs on remand from $300,000 discharge reversal
COSTS properly awarded City on remand from reversal of $300,000 discharge verdict based on conclusion that JML should have been granted, despite MMIA obligation to pay costs… Fagg affirmed (IOR I-3(c)). [Read more…]
House construction contract, bench trial
HOUSE CONSTRUCTION: Contractor properly awarded damages in bench trial… dismissal of homeowners’ counterclaims not addressed for failure to present argument or authority in appeal brief… contractor improperly denied foreclosure of lien and attorney fees on the basis that homeowners were dissatisfied with subcontractor’s masonry/stone work… Haynes affirmed, reversed. [Read more…]
Mental commitment, stretched implied findings
MENTAL COMMITMENT: Implied findings cannot be stretched far enough to remedy deficiencies in oral and written findings… appeal following expiration of commitment meets “capable of repetition” exception to mootness… Oldenburg reversed. [Read more…]
Indian child placement, non-Indian home
INDIAN CHILD PLACEMENT: Mother lacks standing to contest placement of child with non-Indians by appealing only placement and not termination of her parental rights… Knisely affirmed. [Read more…]
Sentencing, oral v. written, PSI fees, costs
SENTENCING: No error in incorporating PSI-recommended fees, costs, surcharges in judgment that were not articulated in pronouncement… challenge of additional costs without considering ability to pay waived by failure to object… Reynolds affirmed. [Read more…]
Insurance, Montana trucker lost eye in Idaho
INSURANCE: Idaho had most significant relationship to parties and occurrence where Montana trucker lost eye in Idaho and now challenges $50,000 settlement with Idaho insurer and adjuster… Ostby affirmed (unpublished). [Read more…]
Unlawful entry, $2 verdict against Deputy
UNLAWFUL ENTRY: $2 verdict for Deputy’s unlawful entry into home affirmed over claim that verdict did not require jury to find that his entry was combined with “an attempt to find something or to obtain information within the residence,” since deputy admitted that he entered to ensure that someone was supervising a young boy he had seen outside (even if he was not looking for person in DUI crash)… Molloy affirmed (unpublished). [Read more…]
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