SSD/SSI claims properly rejected… Kilroy/Lynch affirmed (unpublished). [Read more…]
Archives for 2018
Accomplice testimony
ACCOMPLICE TESTIMONY properly allowed to convict burglary Defendant under federal law even if proscribed under Montana law… Morris affirmed (unpublished). [Read more…]
Revocation, sex treatment self-incrimination
REVOCATION: Right against self-incrimination not violated by use of admissions to sex offender’s therapist to revoke supervised release… Watters affirmed. [Read more…]
Revocation, no criminal trespass
REVOCATION proper even if US did not establish criminal trespass… Molloy affirmed (unpublished). [Read more…]
Settlements
Plan I
Thomas Pomeroy, 8/16, numerous significant disputes as to entitlement to comp, $85,278 plus $49,722 MSA for all claims, stipulated judgment; Matt Braukmann for Pomeroy, Kelly Wills for Old Dominion Freight Line [Read more…]
Work comp, Libby Medical Plan “reimbursement”
WORK COMP: Estate of worker who died of ARD properly denied “reimbursement” of $95,846 paid by Libby Medical Plan after comp insurer paid all benefits… Shepard (1985) similar, still good law… Sandler affirmed. [Read more…]
Restoration damages, CERCLA preemption
RESTORATION DAMAGES: Bidegaray’s order denying summary judgment for ARCO on Property Owners’ restoration damages claim related to the Anaconda Smelter Superfund site as barred by CERCLA and granting summary judgment for Property Owners on ARCO’s CERCLA preemption defenses affirmed on petition for supervisory control… opinion & order. [Read more…]
Will, $1 to contestants
WILL: 4 children’s inheritance properly limited to $1 under “no contest” provision of mother’s Will as they lacked probable cause to contest validity of Will… PR properly awarded fees/costs for defending… Wheelis affirmed (IOR I-3(c)). [Read more…]
Attorney discipline, judicial candidate
ATTORNEY DISCIPLINE: Robert Myers disbarred for false & reckless statements in part as candidate against Judge Langton… orders. [Read more…]
Parenting plan, rare genetic disease
PARENTING PLAN: Extensive changes in stipulated plan due to child’s diagnosis of rare genetic disease supported by the record in part, not supported in part… Olson affirmed, reversed (IOR I-3(c)). [Read more…]