Montana Law Week

The Weekly Digest of Montana Law

Archives for December 2018

Gas pipeline contract, closed interconnection

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GAS PIPELINE CONTRACT: Defendants did not breach or repudiate sharing agreement by declining to reopen interconnection valve pending resolution of safety issues . . . “eye-popping” $459,700 attorney fees (less improper fees-for-fees) properly awarded Defendants pursuant to contract including at $600/hr for 2nd-chair out-of-state counsel. . . costs improperly awarded in excess of §25-10-201 allowables. . . Cybulski affirmed, reversed. [Read more…]

Construction supplies contract, unauthorized credit

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CONSTRUCTION SUPPLIES CONTRACT: Builders with credit account properly found entitled to presumption that suppliers received letters terminating son’s account authority, suppliers failed to sufficiently rebut with evidence that they did not receive the letters. . . because suppliers continued to allow son to charge, its attempt to collect $28,798.56 balance from father fails and Defendants properly granted bench judgment on breach of contract counterclaim and awarded fees & costs as prevailing party although losing 4 counterclaims. . . 2nd-chair Georgia attorney’s rate properly set at $375/hr (reduced from $500 claimed). . . J. Brown affirmed. [Read more…]

Incest/sexual assault, polygraph, psychosexual profile

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INCEST/SEXUAL ASSAULT: Polygraph supportive of innocence properly excluded as invading province of jury, consistent with well-established precedent. . . argument that offer to take polygraph should be admitted not preserved for appeal. . . expert testimony that psychosexual profile revealed no sexual interest in children comparable to favorable polygraph similarly invades province of jury to determine truthfulness of a witness. . . alleged victim’s alleged prior sexual conduct properly excluded under Rape Shield Law and also as questionable hearsay. . . convictions of assaults of step-daughters affirmed. . . Langton affirmed. [Read more…]

Sex registration, “welfare check,” duty to register

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SEX REGISTRATION: Defendant stopped on downtown sidewalk in early morning with scantily clad wife for “welfare check” by several officers prior to arrest for failure to register not in “custody” for Miranda purposes. . . Defendant allowed to present defense of confusion over duty to register but made tactical decision not to do so in light of ruling that State could counter with prior convictions . . . Judge did not improperly rule on element of offense by considering legal question of duty to register. . . Defendant improperly designated Tier I sex offender. . . Larson affirmed, reversed (IOR I-3(c)). [Read more…]

Insurance, UM/MP, alleged phantom motorcycle accident

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INSURANCE: No UM/MP coverages in alleged phantom motorcycle accident as personally owned motorcycle was not covered by closely held business’s policy and only evidence that it was a phantom accident is motorcyclist’s affidavit. . . UTPA allegations likewise rejected on summary judgment as it was clear from the outset that motorcyclist was not driving a covered vehicle. . . J. Brown. [Read more…]