Montana Law Week

The Weekly Digest of Montana Law

Archives for 2018

Trust v. TOD beneficiary designations

By

TRUST: TOD designations controlled distribution of investment accounts, decedent’s failure to follow through with stated intent to transfer accounts to Trust made them nonprobate transfers to designated beneficiaries, Trustee’s claim of unjust enrichment properly rejected. . . Larson affirmed. [Read more…]

FCPA, NPS pass receipt with debit card expiration date

By

FAIR CREDIT REPORTING: Plaintiff alleging identity theft resulting from Park Service printing pass receipt with full debit card expiration date lacks standing to sue NPS because she failed to establish causation. . . amendment to cure standing defects would be futile because Congress did not waive sovereign immunity (US is not a “person”). . . Watters affirmed. [Read more…]

Settlements

By

Plan I

Daniel Hill, various injuries 9/93, 3/96, 12/96, 8/98, 10/98, 8/01, 3/11, Stillwater Mining near Nye, all benefits due & owing were paid, employment terminated in 2012, Petitioner continued to operate his cattle ranch and suffered aggravations of the underlying injuries, disputes include impact of post-employment aggravations and appropriate medical care related to his injuries, $244,950 for all claims including any claim to death benefits (allegation that when he is deceased it would be occupationally related) ($161,673 self-administered MSA), stipulated judgment; Paul Odegaard for Hill, Joe Maynard for Stillwater [Read more…]