FORECLOSURE: Enforcement of deed of trust not time-barred, but breach of contract/covenant, FDCPA, CPA claims improperly dismissed pursuant to Rule 12(b)(6). . . NIED/IIED claims properly dismissed. . . Wilson affirmed, reversed. [Read more…]
Archives for 2018
Property access claims
PROPERTY ACCESS claims properly disposed of on summary judgment. . . Gilbert affirmed (IOR I-3(c)). [Read more…]
Judge substitution, 10 days from “arraignment”
JUDGE SUBSTITUTION: 10 days from “arraignment” to move for substitution begins at actual appearance (physical or audio-video). . . supervisory control of Pinski granted setting aside denial of motion based on determination that it began at initial arraignment setting at which Defendant did not appear. . . order. [Read more…]
Sentencing, suspended vis-à-vis unrelated federal
SENTENCING: Previously suspended sentence improperly ordered consecutive to unrelated federal sentence. . . original sentence for endangerment by a PFO within statutory parameters. . . Moses affirmed, reversed. . . Watters affirmed (IOR I-3(c)). [Read more…]
Elections, “pro-job growth” mailers
ELECTIONS: Entity that wanted to distribute “pro-job growth” mailers that mentioned candidates in upcoming Montana elections properly found subject to political committee reporting/disclosure requirements. . . Christensen affirmed (memorandum). [Read more…]
OD claim filing time
Compensability of OD claim mooted by auto mechanic’s failure to file within 1 year of chiropractor’s DDD diagnosis. . . Sandler. [Read more…]
Settlements
Plan I
Denis Osborne, head, 7/16, City of Billings, disputes as to ability to work, appropriate ongoing medical care, closure of medical pursuant to §39-71-704, $48,076 for all claims, stipulated judgment; Paul Odegaard for Osborne, Denise Jensen (MMIA) [Read more…]
Class certification, “obsolete” background info
CLASS ACTION: Plaintiff suing background checks firm for “obsolete” information failed to meet 26(b)(3) superiority, certification properly denied. . . Halligan affirmed. [Read more…]
State employee ethics, loaned FWP fur animal trailer
STATE EMPLOYEE ETHICS: Use of loaned FWP fur animal trailer to advocate against anti-trapping initiative not a violation by FWP employees of prohibition against public officer or employee from using state resources for political advocacy, CPP finding to contrary properly reversed. . . McMahon affirmed. [Read more…]
Liquor, unbroken case discount, $34,875,215.53 stricken
LIQUOR: Use of 1994 sales data per 1995 statute to calculate reimbursements for store sales of unbroken cases not violative of substantive due process or equal protection, $34,875,215.53 class action award ($8,718,803.88 attorney fees) reversed. . . Pinski reversed. [Read more…]
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