The Weekly Digest of Montana Law
By lilly
Plan I
Alan Guderjahn, puncture from person in act of crime, 7/16, Phillips Co. Sheriff’s Dept., MACo accepted liability, paid benefits, disputes as to entitlement to disability, medical, voc-rehab, $220,000 new money without discount to present value for all claims, stipulated judgment; Thomas Murphy for Guderjahn, William Blackaby for MACoWCT [Read more…]
By lilly
DISCOVERY: Supervisory control of Bidegaray denied on liability/causation sanctions default in bad faith case following $1.7 million FELA verdict… Court declines to revisit FELA preemption issue… order. [Read more…]
By lilly
PRELIMINARY INJUNCTION properly granted in access dispute without finding of “great or irreparable injury” (reconciling prior cases)… Berger affirmed. [Read more…]
By lilly
PARENTAL RIGHTS of parents properly terminated, but attorney CASA improperly allowed to subpoena notes from Father’s therapist, examine witnesses at termination hearing where youth also had attorney… Deschamps. [Read more…]
By lilly
CRIMINAL ENDANGERMENT: Lesser-included negligent endangerment properly denied driver in high speed pursuit… Berger affirmed. [Read more…]
By lilly
JURY: Panelist with strong reservations about acquitting PFMA Defendant merely because of a failure to prove “partner” relationship should have been excused for cause… conviction reversed, remanded for new trial… Todd reversed. [Read more…]
By lilly
SENTENCING: Deferral precluded for felony drugs based on Arizona felony escape even though Arizona only sentenced to 17 days in jail… Cuffe affirmed. [Read more…]
By lilly
INSURANCE: Fall from Heights exclusion precludes coverage for ladder fall regardless of whether the person fell from or with the ladder or whether 10-15 foot fall measured from head or foot qualifies as “from heights”… no duty to defend roofing contractor vis-à-vis $4.7 million consent judgment… Cavan. [Read more…]
By lilly
SETTLEMENT: $550,000, traffic stop shooting death of suspected robber or drug shooter, eve of trial settlement following denial of summary judgment on whether deadly force was justified. [Read more…]
By lilly
CRIMINAL DEFAMATION: Montana statute unconstitutionally overbroad for lack of specific “actual malice” mens rea, contrary to Lynch’s implied reading… sua sponte summary judgment for disbarred attorney charged with criminal defamation of judicial election opponent… Molloy. [Read more…]