AIRSTRIP EASEMENT for 1 airplane not extended to nearby owners. . . $53,385.08 fees/costs properly awarded Defendant, Defendant also entitled to appeal fees. . . Langton affirmed (other grounds). [Read more…]
Archives for 2018
Supervisory control, employment bad faith
SUPERVISORY CONTROL of Kutzman denied in employment contract case. . . order. [Read more…]
Appellate mediation, indigent pro se
APPELLATE MEDIATION waived for pro se who cannot afford mediator. . . order. [Read more…]
Attorney substitution/ineffective assistance
ATTORNEY SUBSTITUTION/INEFFECTIVE ASSISTANCE claims by homicide Defendant properly denied on remand for development of complaints. . . Dayton affirmed. [Read more…]
Restitution, criminal endangerment, civil settlement
RESTITUTION: Modification or satisfaction of criminal endangerment restitution judgment to reflect civil settlement properly denied, but factual error as to amount received in victim’s civil settlement relative to the restitution he was ordered to receive (may have been prompted by Defendant’s inadequate factual showing) requires remand. . . Boucher affirmed, reversed. [Read more…]
Postconviction, sex offender revocation
POSTCONVICTION petition challenging revocation of sex offender’s suspended sentence and resentencing to balance of original 30-year MSP sentence properly summarily denied. . . Dayton affirmed (IOR I-3(c)). [Read more…]
Theft of water services
THEFT OF WATER SERVICES: Motions to suppress properly denied for failure to meet filing deadline, no good cause for waiver. . . Defendant failed to show grounds to reverse conviction. . . Laird affirmed (IOR I-3(c)). [Read more…]
New trial following $13,684.18 MVA verdict
NEW TRIAL granted following $13,684.18 MVA verdict based on failure to supplement Defense expert’s disclosure to reflect opinion that Plaintiff had reached MMI within 6 weeks of MVA. . . Menahan. [Read more…]
Arbitration, maritime policy, Montana yacht
ARBITRATION: Orders finding an arbitration clause in a maritime policy enforceable and compelling arbitration of 2 claims but not 10 others against underwriters that denied coverage for a yacht owned by Montanans that ran ashore off Panama affirmed in part and reversed in part, remanded to grant insurers’ motion to compel arbitration in its entirety. . . Watters affirmed, reversed. [Read more…]
SSD
SSD claim properly denied. . . Morris affirmed (unpublished). [Read more…]
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