Lockhart lien perfected by sufficient work (far more than merely “initiating a process”) in obtaining 2 years of additional medical after termination under 60-month rule despite conflict in DLI Retainer Agreement and fee rule. . . no penalty/fees as this is issue of 1st impression. . . Sandler. [Read more…]
Archives for 2018
Settlements
Plan I
Donald Possinger, multiple, 12/99, disputed PT, $101,629, Chris Helmer [Read more…]
Jurisdiction, consent by registration, railroad
JURISDICTION: A foreign corporation does not consent to general personal jurisdiction by registering to do business and conducting activities in Montana. . . claims against BN by 3 Plaintiffs injured outside Montana properly dismissed for lack of jurisdiction. . . Fagg and Moses affirmed. [Read more…]
Electronic spoliation, sexual misconduct emails
ELECTRONIC SPOLIATION: Supervisory control of Reynolds granted reversing default judgment against MSU as spoliation sanction for failure to preserve emails related to student’s claim of sexual misconduct by professor. [Read more…]
Prosecutorial immunity, dismissed boy rape of boy
PROSECUTORIAL IMMUNITY: Special deputy entitled to absolute prosecutorial immunity in concluding that Sheriff’s Office incident report without forensic interview established probable cause to believe that boy had raped another boy, an allegation by father that was subsequently dismissed as greatly exaggerated. . . immunity properly extended to County and State. . . claims against County also precluded by public duty doctrine and lack of evidence of negligence in forwarding report for further investigation. . . Seeley affirmed. [Read more…]
Parenting, children with father after mother moved
PARENTING: No abuse of discretion in requiring children to live primarily with father after mother moved 2 hours away. . . Jones affirmed. [Read more…]
Sentencing, $25 “administrative fee” to fund CA Office
SENTENCING: No authority to impose $25 “administrative fee” on disorderly conduct Defendant to fund City Attorney’s Office. . . Jenks/Halligan reversed. [Read more…]
Revocation, polygamist who absconded to Mexico
REVOCATION challenge by polygamist who absconded to Mexico for 10 years properly rejected. . . Cooney affirmed (IOR I-3(c)). [Read more…]
DUI, 1 continuously lit plus 2 functioning brake lights
DUI: Sufficient basis to stop vehicle with continuously lit brake light despite 2 other functioning brake lights. . . Sullivan/Eddy affirmed (IOR I-3(c)). [Read more…]
DUI, vague dismissal of deferred sentence with predicate
DUI: Vague 2007 order dismissing 2001 deferred sentence applied only to endangerment, not DUI, 2001 DUI properly predicate for felony enhancement. . . Langton affirmed (IOR I-3(c)). [Read more…]
- « Previous Page
- 1
- …
- 13
- 14
- 15
- 16
- 17
- …
- 53
- Next Page »