Plan I
Jasmine Tang, multiple, 8/17, $37,500, medical closed, David Lighthall [Read more…]
Archives for November 2018
Trust, creator’s capacity, attorney sanctions
TRUST: Summary judgment properly granted to successor trustee company on trust creator’s incapacity warranting assumption of trusteeship. . . §37-61-421 sanctions improperly awarded against creator’s attorneys where no costs were incurred by Special Master and response to motion was voluntary. . . Larson affirmed, reversed. [Read more…]
Landowner/tenant, revoked “social invitation”
LANDLORD/TENANT: Offer for son to live in residence was “social invitation” which was revoked, no evidence of oral or written contract. . . $11,128.06 attorney fees properly awarded. . . Parker affirmed (IOR I-3(c)). [Read more…]
DUI, graveled area, Norquay instruction
DUI: No abuse of discretion in giving Norquay instruction after 3 hours of deliberation on whether graveled area was way of state. . . conviction affirmed. . . Souza affirmed. [Read more…]
Rape, waiver of closing in bench trial
RAPE: Defendant waived right to closing argument in bench trial by failing to request one. . . Haynes affirmed. [Read more…]
Defense verdict, med-mal, L5-S1 fusion, OptiMesh
VERDICT: Defense, med-mal, L5-S1 fusion with OptiMesh and unilateral pedicle screws, informed consent. [Read more…]
Minerals, “rare and exceptional” dinosaur fossils
MINERALS: “Rare and exceptional” dinosaur fossils are “minerals” pursuant to Montana law and terms of Deed and belong to owners of the mineral estate. . . Watters reversed. [Read more…]
Settlements
Plan I
Andrea Pelensky, low back, 10/16, $55,000, Richard Martin
Shawn Titeca, shoulder(s), 3/12, $15,000, medical closed, Leslae Dalpiaz [Read more…]
Disability discrimination, cashier fired for wearing hat
DISABILITY DISCRIMINATION: Angry refusal to remove hat legitimate business reason (insubordination) to fire cashier, not related to unknown depression/anxiety disorder. . . Spear/HRC/Townsend affirmed. [Read more…]
Attorney-client privilege, timing of privilege logs
ATTORNEY-CLIENT PRIVILEGE: Supervisory control over Moses as to orders involving timing of privilege logs in hip replacement devices case denied. . . order. [Read more…]