Plan I
Devi Cole, left knee, 2/15, low back, 3/13, MSGIA accepted both claims, disputes as to liability for certain medical benefits, $285,000 for all claims, stipulated judgment; Sydney McKenna for Cole, Morgan Weber for MSGIA [Read more…]
The Weekly Digest of Montana Law
By lilly
Plan I
Devi Cole, left knee, 2/15, low back, 3/13, MSGIA accepted both claims, disputes as to liability for certain medical benefits, $285,000 for all claims, stipulated judgment; Sydney McKenna for Cole, Morgan Weber for MSGIA [Read more…]
By lilly
WATER SYSTEM CONDEMNATION: Facial constitutional challenge to §70-30-306 limitation to Property Owners’ “actually incurred” expenses and to reductions for inadequate bookkeeping & duplication properly rejected. . . as-applied challenge improperly rejected, remanded for discovery of City’s legal bills for context & comparison to Property Owners’ expenses. . . fees properly allowed for out-of-state attorneys. . . Townsend affirmed, reversed. [Read more…]
By lilly
DEFAULT: “Antonius-Damascus; Raelund” not a party in interest, has no standing to seek to set aside default and default judgment in lease/purchase agreement scam . . . son or step-son who claimed to have signed the lease only in representative capacity properly denied leave to intervene of right. . . lease was option to purchase, not contract of sale, subject to LTA remedies including balance of rent due since 8/16, treble damages, attorney fees/costs, interest. . . Wilson affirmed. [Read more…]
By lilly
ATTORNEY DISCIPLINE: Genet McCann, “poster child” of a vexatious lawyer, disbarred based on conduct stemming from representation of her brother which was adverse to representation of her mother in probate of her father’s estate. . . nunc pro tunc order. [Read more…]
By lilly
ATTORNEY DISCIPLINE: Genet McCann suspended concurrent with disbarment for contemptuous actions in COP proceedings. . . opinion & order. [Read more…]
By lilly
JUSTICE COURT APPEAL by State after oral dismissal of DUI and before written judgment not premature. . . J. Brown affirmed. [Read more…]
By lilly
BENCH JUDGMENT: 35% contributory negligence properly applied in awarding $154,356.15 fiber optic cable strike judgment with no prejudgment interest. . . Morris affirmed (memorandum). [Read more…]
By lilly
FORECLOSURE: Negligence/CPA claims properly dismissed, pass-through certificate assignment declaratory judgment request properly disposed of by judgment on pleadings. . . Molloy affirmed (memorandum). [Read more…]
By lilly
Plan II
Petal Jarvis, neck, 7/13, $29,256, medical reserved, Richard Martin [Read more…]
By lilly
VERDICT: $25.3 million, medical malpractice, partial paralysis following admittance of wife of Helena lawyer to Harborview for minor stroke. [Read more…]