LACEY ACT: Outfitter who failed to obtain special-use permit violated Act by client’s taking of mountain lion notwithstanding that client had permits to hunt on FS land… Lovell affirmed (memorandum). [Read more…]
Archives for September 2019
Settlements
Plan I
Karrie Rand, low back, 11/05, housekeeper for Sunwest Management, Great Falls, disputes as to wage loss benefits, nature & extent of injury, need for future treatment, $167,500 for all claims, stipulated judgment; Tommy Murphy for Rand, Charlie Smith for Hartford Accident & Indemnity [Read more…]
Insurance exception for nontaxable costs made explicit
INSURANCE: Prior implicit extension of insurance exception to nontaxable costs made explicit… fees correctly awarded pursuant to insurance exception in UIM case, taxable costs correctly denied as untimely, nontaxable costs incorrectly denied… Laird affirmed, reversed. [Read more…]
Attorney discipline, pro hac vice attorney
ATTORNEY DISCIPLINE: Richard Layne, pro hac vice in suit against accounting firm, to receive written public admonition from COP for failing to properly inform client of ramifications of local counsel’s simultaneous representation of 5 other claimants… order. [Read more…]
Preliminary injunction, community housing Board
PRELIMINARY INJUNCTION in community housing organizations’ Board membership dispute affirmed in part, reversed in part… Newman affirmed, reversed (IOR I-3(c)). [Read more…]
Resisting arrest, officers’ personnel records
RESISTING ARREST: Officers’ pre-incident personnel records properly excluded over Defendant’s assertions of excessive force arrest… physician testimony regarding nature & extent of arrest injuries properly excluded… sufficient evidence of obstruction of officer to preclude plain error review… convictions affirmed… Herrington/Salvagni affirmed. [Read more…]
Deliberate homicide, accomplice instructions
DELIBERATE HOMICIDE: Claim of ineffective assistance for objecting to accomplice instruction because it would confuse the jury about who was on trial insufficiently developed for direct appeal… conviction affirmed… Allison affirmed. [Read more…]
Traffic stop duration, glasses case meth pipe
TRAFFIC STOP and arrest of passenger for drugs based on tip not improperly prolonged to probe another passenger’s eyeglass case spotted in purse which turned out to contain meth pipe (meth in baggie was later found in jail search of clothes)… suppression properly denied… Dayton affirmed (IOR I-3(c)). [Read more…]
Insurance, vehicle liability stacking
INSURANCE: Vehicle liability stacking claim properly denied notwithstanding assignment of policy rights to decedent’s siblings… Haddon affirmed (memorandum). [Read more…]
Intellectual property, fired software developer
INTELLECTUAL PROPERTY: Software developer’s intellectual property appropriation and wrongful discharge/disability discrimination claims dismissed on summary judgment… Molloy. [Read more…]