TAX INJUNCTION ACT deprives Federal Courts of jurisdiction over challenge to Montana regulation that denies tax credit for donations applied to religious education . . . Haddon affirmed (memorandum). [Read more…]
Archives for 2018
Involuntary manslaughter, new trial denied
INVOLUNTARY MANSLAUGHTER: New trial properly denied. . . Morris affirmed (memorandum). [Read more…]
Settlements
Plan I
Justin Siegfried, various injuries, 6/05, 10/05, 7/09, 4/10, 10/13, 4/15, 7/16, 10/17, Stillwater Mining initiated benefits that were due as appropriate, various disputes regarding cooperation with medical care, ability to work, wage loss, $50,000 for all claims, stipulated judgment; Lucas Wallace for Siegfried, Joe Maynard for Stillwater [Read more…]
Mandamus, reverse voiding of septic permit
MANDAMUS properly denied to reverse voiding of septic permit. . . Gilbert affirmed. [Read more…]
Supervisory control, slip & fall expert disclosure
SUPERVISORY CONTROL of Hayworth denied as to reopening discovery in slip & fall case on expert disclosure issue. [Read more…]
Legal malpractice, criminal defendant “contract” claim
LEGAL MALPRACTICE: Gravamen of breach of contract claim against criminal attorney is malpractice, properly found time-barred. . . Menahan affirmed (IOR I-3(c)). [Read more…]
Probate, special administrator, feuding siblings
PROBATE: Special administrator properly appointed where siblings designated as beneficiaries and PRs in mother’s will were in ongoing litigation with each other over Estate’s primary asset. . . Gustafson affirmed (IOR I-3(c)). [Read more…]
Appellate procedure, overlength brief
APPELLATE PROCEDURE: Appellee in house construction/insurance dispute granted overlength brief to 15,000 words. . . order. [Read more…]
Bar admission, temporary admission pending motion
BAR ADMISSION: Temporary admission of lawyer with Denver firm pending admission by motion denied . . . order. [Read more…]
PSC, “data requests,” ex parte, garbage application
PSC improperly issued “data requests” to opponents of waste disposal application. . . staff attorney appointed to resolve discovery disputes improperly engaged in ex parte communications with applicant. . . PSC ordered to appoint independent hearing examiner to hear application. . . Reynolds. [Read more…]
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