Montana Law Week

The Weekly Digest of Montana Law

Archives for 2018

Settlements

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Plan I

Tracie Hannah, multiple, 5/12, Missoula Albertsons, Albertsons accepted liability, paid medical/indemnity, dispute as to disability occasioned by the job injury, $415,000 ($312,864 MSA) for all claims ($60,274 for MSA seed, $167,221 to Pacific Life & Annuity Services for Temporary Life annuity, $113,000 to Pacific for period certain guaranteed annuity payable to Petitioner, $74,505 to Petitioner and her attorney), stipulated judgment; Steven Carey for Hannah, Andy Adamek for Albertsons [Read more…]

Aggravated burglary/assault w/weapon, gang affiliation

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AGGRAVATED BURGLARY/ASSAULT WITH WEAPON: Limited evidence of gang affiliation properly admitted. . . mistrial based on officer’s mention of active arrest warrant properly denied. . . . sufficient evidence of apprehension by victim who did not testify. . . convictions affirmed. . . Gustafson affirmed. [Read more…]

Defense verdict, insurance, “new-construction condo”

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VERDICT: Defense, insurance bad faith, negligent misrepresentation, insurance by estoppel, stemming from denial of coverage for accident of plumbing subcontractor employee on excluded “new-construction condo”. . . suit by plumbing employee & wife as assignees of insured’s claims. [Read more…]

Endangered species, “self-defense” grizzly shooting

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ENDANGERED SPECIES: Claim of self-defense shooting of grizzly improperly analyzed under “objectively reasonable” rather than “subjectively reasonable” standard, conviction reversed, remanded. . . improper burden of proving nonexistence of a taking permit on US not grounds for reversal. . . Defendant not entitled to jury trial. . . Lynch/Christensen affirmed, reversed. [Read more…]