CHILD PORNOGRAPHY: Brief disputed comment by witness not sufficient to overturn conviction. . . Morris affirmed (memorandum). [Read more…]
Archives for 2018
Settlements
Plan I
Kurt Wyant, low back, left foot, 6/15, Anaconda-Deer Lodge Co., MMIA accepted liability, disputes have arisen relating to liability for certain medical benefits and whether Petitioner is entitled to PTD, $50,000 for all claims, stipulated judgment; Bernard Everett for Wyant, Morgan Weber for MMIA [Read more…]
Contract rescission, email exchanges, home construction
CONTRACT RESCISSION: Email exchange properly found to be offer by home builder and acceptance by owners to rescind agreement. . . $19,977.19 properly awarded to owners after balancing equities. . . $27,475 attorney fees properly awarded owners as prevailing party despite no finding that builder materially failed to perform. . . Berger affirmed. [Read more…]
Wrongful discharge, insubordination v. reasonableness
WRONGFUL DISCHARGE: Termination of superintendent for refusing to follow directives to safeguard heavy equipment properly upheld on summary judgment over employee’s contention that reasonableness of refusal was jury issue. . . Todd affirmed (IOR I-3(c)). [Read more…]
Cost sharing, electronic records depository
COST SHARING: Costs of electronic records depository allocated to all parties. . . Eddy. [Read more…]
Settlement conferences, personal attendance required
SETTLEMENT CONFERENCES: Personal attendance required. . . Eddy. [Read more…]
Sentencing, cell phone restriction
SENTENCING: As-applied constitutional challenge to probation condition limiting cell phone access waived by failure to object. . . Fagg affirmed. [Read more…]
Sentencing, 1st-time drugs, PFO mandatory exception
SENTENCING: Counsel’s failure to point out ASA and case law allowing for departure from mandatory minimum for PFO was ineffective assistance that precluded possibility of deferred or reduced sentence for 1st-time drug Defendant. . . prison sentence reversed. . . Knisely reversed. [Read more…]
LLC, distribution of multi-million-dollar settlement
LLC: Summary judgment granted and denied as to claims between Class B Members of Yellowstone LLCs relating to distributions of settlement of earlier suit, leaving only breach of contract for failing to obtain consent to settlement and common-law breach of fiduciary duty of original 9 counts. . . Berger. [Read more…]
Settlements
Plan I
Gene Micheletto, TBI, 7/85, Qwest, Sidney, Respondent accepted liability, initiated all benefits due, parties desire to resolve remaining indemnity, domiciliary, and nursing home entitlement and to sever medical liability by funding an MSA, $260,000 ($19,801 MSA) for all claims, stipulated judgment; Paul Odegaard for Micheletto, Joe Maynard for CenturyLink (formerly Qwest) [Read more…]
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