FIREARMS: Suppression of evidence seized in searches of probationer’s vehicle following DUI stop properly denied. . . Watters affirmed (unpublished). [Read more…]
Archives for 2018
Negligent spoliation, salvage death vehicle
NEGLIGENT SPOLIATION: Claim that insurer had duty to retain salvage death vehicle in anticipation of potential tie rod suit against manufacturer rejected under Montana (not ND) law. . . Cavan. [Read more…]
Settlements
Plan I
Jeffrey Kurns, knee, 11/06, disputed, $107,500, medical reserved, Rick Pyfer [Read more…]
Disability discrimination, policeman, $289,499.94
DISABILITY/RETALIATION: $289,499.94, police lieutenant fired after back surgery and not re-hired. . . Administrative Decision, Caroline Holien. [Read more…]
Insurance, MVA independent UTPA claims after settle
INSURANCE: MVA Plaintiff sufficiently pled independent UTPA claims following settlement of underlying case to survive 12(b)(6) motion. . . applicability of collateral source reduction statutes more appropriate for summary judgment. . . Gilbert reversed. [Read more…]
Landlord/tenant, Securities Deposit Act, inspection(s)
LANDLORD/TENANT: Landlord complied with Securities Deposit Act before deducting cleaning cost from deposit. . . 2nd inspection not required if cleaning not completed prior to agreed inspection date. . . Swingley reversed, Menahan affirmed. [Read more…]
Ranch sharing agreement, hunting/agriculture/recreation
RANCH SHARING AGREEMENT: Claims of parties who divided 6,000-acre ranch into parcels designated for hunting, agriculture, and recreation under shared-use agreements properly determined. . . mutual mistake claims not time-barred, extrinsic evidence properly considered in interpreting and reforming contract. . . Hayworth affirmed. [Read more…]
Supervisory control, hospital peer review data privilege
SUPERVISORY CONTROL of J. Brown denied as to admission of hospital Medical Executive Committee correspondence vis-à-vis peer review data privilege (order). [Read more…]
Vehicle stop, improperly working license light, drugs
VEHICLE STOP: Particularized suspicion to stop based on improperly working license light. . . suppression of drug evidence properly denied. . . Moses affirmed (IOR I-3(c)). [Read more…]
Transcript misstatement, Prosecutor interjection
TRANSCRIPT misstatement ordered corrected (order). [Read more…]
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