Montana Law Week

The Weekly Digest of Montana Law

Archives for June 2018

Aggravated burglary/assault w/weapon, gang affiliation

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AGGRAVATED BURGLARY/ASSAULT WITH WEAPON: Limited evidence of gang affiliation properly admitted. . . mistrial based on officer’s mention of active arrest warrant properly denied. . . . sufficient evidence of apprehension by victim who did not testify. . . convictions affirmed. . . Gustafson affirmed. [Read more…]

Defense verdict, insurance, “new-construction condo”

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VERDICT: Defense, insurance bad faith, negligent misrepresentation, insurance by estoppel, stemming from denial of coverage for accident of plumbing subcontractor employee on excluded “new-construction condo”. . . suit by plumbing employee & wife as assignees of insured’s claims. [Read more…]

Endangered species, “self-defense” grizzly shooting

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ENDANGERED SPECIES: Claim of self-defense shooting of grizzly improperly analyzed under “objectively reasonable” rather than “subjectively reasonable” standard, conviction reversed, remanded. . . improper burden of proving nonexistence of a taking permit on US not grounds for reversal. . . Defendant not entitled to jury trial. . . Lynch/Christensen affirmed, reversed. [Read more…]

Equal protection, hospital PPA insurers

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EQUAL PROTECTION: Art. II § 4 general equal protection guarantee requires state action (1st impression), but whether PPAA activity constitutes state action not properly before the Court. . . uninsured hospital patient failed to properly allege similarly situated classes vis-à-vis patients insured by most favorable PPA insurers, not denied equal protection. . . insured status not a “social condition” for Art. II §4 analysis. . . Reynolds affirmed (other grounds). [Read more…]