Montana Law Week

The Weekly Digest of Montana Law

Archives for 2018

Endangered species, irrigation dam bypass v. removal

By

ENDANGERED SPECIES: Challenges to irrigation dam bypass (as opposed to dam removal and installation of large pumps) to accommodate pallid sturgeon rejected on summary judgment on remand from 9th Circuit reversal of preliminary injunction. . . Morris. [Read more…]

Settlements

By

Plan II

Randy Flikkema, leg, 1/15, alleged PT disability/permanent aggravation of kidney condition by leg injury, which Liberty disputed per Dr. Schwimmer, $456,481 new money ($25,779 MSA) for indemnity benefits and to settle potential death claim of wife Myla, full resolution of all issues & benefits, stipulated judgment; Thomas Murphy & Matthew Murphy for Flikkema, Leo Ward for Liberty Northwest Ins. [Read more…]

Podiatrist malpractice, defense verdict

By

PODIATRIST MALPRACTICE: Any error in not instructing on loss of chance was harmless as jury found no negligence, did not consider causation. . . no abuse of discretion in prohibiting Plaintiffs from asking treating physician if Defendant breached standard or by limiting impeachment on redirect (offer of proof following verdict is too late). . . new trial properly denied based on Defense counsel’s alleged misconduct including inappropriate sarcasm. . . defense verdict affirmed. . . Krueger affirmed. [Read more…]

County road, claim preclusion, writ of review

By

COUNTY ROAD: Landowners failed to satisfy claim preclusion vis-à-vis 1984 denial of County’s request for order directing removal of gate by previous landowners. . . request for declaratory judgment as to where County road ends and private road begins properly rejected for failure to petition for writ of review upon Commissioners’ denial of petition. . . Langton affirmed (other grounds). [Read more…]

Deliberate homicide, sole eye-witness meth use

By

DELIBERATE HOMICIDE: Evidence of meth use by sole eye-witness should have been allowed to potentially impugn her perception of the event and for impeachment of her credibility, conviction reversed, remanded. . . “first aggressor” instruction properly given along with justifiable force instruction. . . failure to locate gun insufficient to support tampering. . . Knisely affirmed, reversed. [Read more…]