DUI: Highly intoxicated Defendant not denied independent blood test by Trooper taking her home 10 miles away from hospital when she could not arrange transportation. . . Gilbert affirmed. [Read more…]
Archives for April 2018
DUI, late-disclosed testimony, vehicle co-occupant
DUI: Late-disclosed testimony of co-occupant of vehicle that crashed into ditch properly allowed. . . Swingley/Menahan affirmed (IOR I-3(c)). [Read more…]
Probationary search, non-owned vehicle
PROBATIONARY SEARCH: Probationer had no expectation of privacy in vehicle not owned by him in which he was a passenger, motion to suppress drug evidence found in glasses pouch properly denied. . . Hayworth affirmed. [Read more…]
Defense verdict, creek-altering landslide
VERDICT: Defense, negligence/nuisance claims relating to landslide that altered course of creek affecting nearby landowners’ properties. . . $100,000 settlement by one landowner. [Read more…]
Foreclosure, statutes of limitations
FORECLOSURE: Homeowners’ challenge of foreclosure properly found time-barred. . . Christensen affirmed (unpublished). [Read more…]
Environment, Yellowstone dam preliminary injunction
ENVIRONMENT: Preliminary injunction against Yellowstone River dam vacated for failure to show irreparable harm to sturgeon. . . Morris reversed (unpublished). [Read more…]
Settlements
Plan I
Jeffrey Fowler, low back, 4/09, Ravalli Co. Sheriff’s Office, MACOWCT accepted liability, paid medical/indemnity, significant disputes including entitlement to future medical and whether Petitioner is PTD, $480,000, stipulated judgment; Steven Carey for Fowler, Dean Blackaby for MACOWCT [Read more…]
Arbitration, failed investments, clause enforcement
ARBITRATION: Investors properly compelled to submit failed investment claims to binding arbitration . . . Deschamps affirmed. [Read more…]
Road easement, “farm house,” after-acquired property
ROAD EASEMENT: Fact issues preclude summary judgment that easement encompasses a “farm house”. . . properly found to not provide access to after-acquired property. . . Jones reversed, affirmed. [Read more…]
Sexual harassment, painting owner/employee
SEXUAL HARASSMENT: HO failed to explain how homeowners’ testimony in support of painting owner overcame testimony of employee’s corroborating witnesses, remanded for reconsideration. . . owner properly dismissed for failure to properly add as party. . . Holien/McMahon reversed, McMahon affirmed as to dismissal of employer. [Read more…]