Montana Law Week

The Weekly Digest of Montana Law

Archives for November 2019

Mine trespass, no valuable mineral deposits, no trespass

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MINE TRESPASS: Because there were no valuable mineral deposits on Subject Claims, Wheelis improperly granted summary judgment for trespass claimants in 2013 (summary judgment was basis of damages-only ruling by Cuffe in 2018 trial which resulted in $3,325,000 verdict for owners of unpatented mining claims crossed by tunnel constructed to access patented claims of proposed Montanore mine)… Wheelis/Cuffe reversed. [Read more…]

Probate, emergency freeze of accounts

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PROBATE: Probate Court had subject jurisdiction for emergency order freezing decedent’s bank accounts in name of grandson (personal v. real property), but not to transfer the funds directly to the Estate without a determination that grandson was not entitled because of undue influence… Gilbert affirmed, reversed (IOR I-3(c)). [Read more…]

Settlements

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Plan I

Ethelyn Eggar, multiple, 3/07, employed by L&C Co., disputed entitlement to ongoing TTD retroactive to 1/12, Petitioner acknowledges recent payment of $36,900 TTD prior to execution of this stipulation, MACo previously paid $26,569 which was then characterized as PPD and which the parties now agree shall be characterized as TTD, MACo shall pay Petitioner and her attorney an additional $22,500 and initiate $384/wk TTD, all claims to past temporary disability concluded, medical reserved, stipulated judgment; Rick Pyfer for Eggar, William Blackaby for MACo [Read more…]

Work comp, psychiatric IME, anxiety/insomnia

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WORK COMP: §605 psychiatric exam properly denied because nothing suggests that anxiety/insomnia complaints are causally related to accepted leg claim (although Rule 35 “good cause” incorrectly imputed to §605 “relevant”/”appropriate”)… insurer not obligated to pay for exam/treatment of anxiety/insomnia before obtaining a §605 exam… Sandler affirmed (other grounds), reversed. [Read more…]

Smoking shelters, abatement, “class of one”

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SMOKING SHELTERS: Abatement action against bar’s shelter not violative of Clean Indoor Air Act or DPHHS regulations, summary judgment improperly granted to bar and denied to Health Board, but bar’s selective enforcement “class of one” equal protection claim asserts sufficient facts for jury consideration, improperly dismissed… Olson reversed. [Read more…]

Attorney discipline, besmirching Federal Judge

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ATTORNEY DISCIPLINE: Brian Miller to receive public admonition from COP for motion to recuse Judge Lovell in insurance bad faith case by asserting that he altered testimony and created affirmative defenses for the insurers with reckless disregard as to the truth or falsity concerning his qualifications or integrity… COP’s recommendation to impose costs of disciplinary proceeding rejected based on manner in which ODC pursued the case… order. [Read more…]