Montana Law Week

The Weekly Digest of Montana Law

Archives for August 2018

Jury, State employee jurors in suits against State

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JURY: No automatic for-cause exclusion of State employees in suits against State (1st impression). . . no abuse of discretion in rejecting for-cause challenge of MHP employee in suit involving rear-end collision with MDOT snow loader. . . 51/49 defense verdict affirmed. . . Reynolds affirmed. [Read more…]

Assault with weapon/drugs, double jeopardy

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ASSAULT WITH WEAPON/DRUGS: Conviction of Lorazepam charge after reconsideration of mid-trial dismissal constituted double jeopardy. . . Defendant failed to adequately invoke right to self-representation. . . judgment improperly contained conditions not in pronouncement. . . Lorazepam conviction reversed, other convictions affirmed. . . Wheelis reversed, affirmed. [Read more…]

Landlord/tenant, unpaid balance/damages to collection

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LANDLORD/TENANT: Lease provisions that allow placing unpaid balance or damages with collection agency and charging $50 fee for any violation of lease illegal under RLTA. . . no evidence that landlord included lease terms knowing they were illegal. . . claims subject to 8-year statute for actions founded on instrument but would also be timely under 2-year statute for liability created by statute. . . Halligan. [Read more…]

Order of protection, female/male deputies

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ORDER OF PROTECTION: TOP requested by female Deputy against male Deputy issued in 7/14 terminated, permanent order alleging stalking despite continuation of intimate relations denied. . . male Deputy previously won wrongful termination claim based on “insubordination” allegation stemming from events in relationship, settled for $400,000. . . J. Brown. [Read more…]

Insurance, passenger’s UIM, vehicle’s UIM, offset

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INSURANCE: Passenger’s insurer not entitled to offset dollar-for-dollar its UIM obligation by vehicle insurer’s excess UIM payment instead of 2/3 pro rata provided in policy, but is entitled to offset its UIM by its med-pay pursuant to non-duplication provision. . . Plaintiff entitled to fees on issues she prevailed on, not required to prevail on all claims. . . Deschamps reversed, affirmed. [Read more…]