DISPATCHER TIMECARD INVESTIGATION: Abuse of process, defamation, Anti-Intimidation Act, spoliation, negligence claims of dispatch supervisor who was investigated but not prosecuted for timecard fraud properly dismissed on judgment on pleadings and summary judgment… Hayworth affirmed (IOR I-3(c)). [Read more…]
Archives for May 2019
Attorney discipline, delay in refunding probate retainer
ATTORNEY DISCIPLINE: Mary Zemyan to receive written public admonition on conditional admission for delay in refunding probate retainer… order. [Read more…]
Parental termination, rejected rape conception claim
PARENTAL TERMINATION: Claim that child was conceived from nonconsensual sex properly rejected… Deschamps affirmed (IOR I-3(c)). [Read more…]
Initial appearance delay
INITIAL APPEARANCE: Overlap of probation violations hold, fitness treatment, and aggravated assault charge resulted in “unnecessary delay” in appearance on assault charge, but no prejudice that would require dismissal with prejudice…. remanded to dismiss assault charge without prejudice… Cuffe reversed. [Read more…]
PFMA, post-trial discovery of jail black-eye photos
PFMA: State — not Defendant — should have discovered automatic jail photos showing black eye which tended to corroborate self-defense claim… remanded for new trial… Knisely reversed. [Read more…]
Public defender, 1st-offense misdemeanor theft
PUBLIC DEFENDER: 1st-offense misdemeanor theft defendant not subject to incarceration under 2017 statute, not entitled to appointed counsel… Fagenstrom reversed on supervisory control. [Read more…]
Prisoner injury, §1985 dangerous work environment
PRISONER INJURY: §1983 dangerous work environment, medical indifference, retaliation claims improperly dismissed for failure to state claim, allegations sufficient to warrant answer… Christensen reversed (memorandum). [Read more…]
Settlements
Plan I
Carolyn Lambert, left knee, 12/17, Smith’s Grocery, Bozeman, Respondent accepted liability and initiated all benefits due, disputes as to wage loss benefits, nature & extent of injury, on-going complaints, ability to work, $80,000 ($7,531 MSA) for all claims, stipulated judgment; Christopher Helmer for Lambert, Charlie Smith for The Kroger Co. [Read more…]
RISA, no private cause under 2009 version, mobile home
RISA: 2009 version does not confer private cause of action for challenge of mobile home contract… Todd affirmed. [Read more…]
Abortion, preliminary injunction allowing by APRNs
ABORTION: Preliminary injunction properly granted allowing APRNs to perform early-term abortions pending challenge of statute restricting abortions to physicians and PAs… Menahan affirmed. [Read more…]