AMENDMENT to add new misrepresentation against 5th-wheel trailer dealership 2 years after original complaint improperly denied. . . judgment improperly granted to dealership which never moved for summary judgment. . . Boucher reversed. [Read more…]
Archives for November 2018
Electric coop, capital refunds
ELECTRIC COOP: Claims that coop breached “contract” by not refunding capital annually properly dismissed as barred by 8-year statute. . . Eddy affirmed. [Read more…]
Marital, Nevada pre-nup, physician divorce
MARITAL: Nevada pre-nup with Nevada choice of law improperly analyzed under Montana law, but findings support validity under Nevada law. . . estate of Missoula physician and homemaker properly apportioned including dog to husband. . . Halligan affirmed. [Read more…]
Appellate briefs, Appellee/Cross-Appellant overlength
APPELLATE BRIEFS: Request to file 2 “full length” briefs for Appellee/Cross-Appellant rather than combined limit of 10,000 words denied. . . order. [Read more…]
$57,440.94 fees/costs re quashed subpoena requests
$57,440.94 fees & costs granted to CARD Clinic & CARD Foundation in relation to Defendants’ quashed subpoena requests. . . Eddy. [Read more…]
Restitution, deferred sentence revocation/resentencing
RESTITUTION: Elder theft Defendant’s 6 years deferred properly revoked and replaced with new 6 years deferred for failure to make good-faith effort to pay $87,339.50 restitution and fees (paid $3,799 restitution, 0 fees). . . Townsend affirmed. [Read more…]
Jurisdiction/venue, Ford tire “detreading” death
JURISDICTION/VENUE: Ford has requisite “minimal contacts” with Montana for specific personal jurisdiction over tire “detreading” suit stemming from Ford Explorer crash death even though car was initially sold to Washington dealer. . . Cascade (where PR resides) is a proper venue over Defendants’ advocacy of Missoula (Ford’s registered place of business), Mineral (where the wreck occurred), or Sanders (where many of the witnesses live). . . Best. [Read more…]
Disability discrimination, ADA/MHRA v. SSD
DISABILITY DISCRIMINATION: Claimant who represented to SSA that he is disabled and unable to work is not a “qualified individual” vis-à-vis ADA and MHRA. . . Christensen affirmed (memorandum). [Read more…]
Foreclosure, attempt to stop sale
FORECLOSURE: Attempt to stop sale of property properly rejected per 12(b)(6) and summary judgment. . . Lynch affirmed (memorandum). [Read more…]
Medical Marijuana Act, employer prohibition
MEDICAL MARIJUANA ACT provision that employers may ban marijuana not violative of Montana Constitution. . . Haddon affirmed (memorandum). [Read more…]
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