HUNG JURY: Mistrial properly declared in murder case after jury deadlocked at 11-1 for acquittal and requests for “clarification” of instructions were declined… retrial rather than dismissal properly ordered… supervisory control of Allison denied. [Read more…]
Archives for November 2019
$6,000 verdict, foot run over by pickup
VERDICT: $6,000, foot run over by pickup, admitted negligence, fractures/soft-tissue. [Read more…]
Defense verdict, dispute over $440,000 earnest money
VERDICT: Defense, dispute over $440,000 earnest money following ranch sale failure. [Read more…]
Wrongful discharge/disability, insubordination
WRONGFUL DISCHARGE/DISABILITY DISCRIMINATION: Good cause to terminate based on insubordination by failure to communicate with supervisor as instructed… Watters affirmed (memorandum). [Read more…]
Indians, college tribal sovereign immunity
INDIANS: College entitled to tribal sovereign immunity as to employee’s Title VII and MHRA claims… Christensen affirmed (memorandum). [Read more…]
SSD/SSI
SSD/SSI claims properly rejected… Johnston affirmed (memorandum). [Read more…]
Sex abuse, victim intoxication
SEX ABUSE: Claims of ineffective assistance relating to victim intoxication rejected… Morris affirmed (memorandum). [Read more…]
Settlements
Plan I
Tom Daugherty, right knee, 12/16, Les Schwab Tire Centers, Missoula, Schwab accepted liability, paid undisputed medical/indemnity, disputes as to nature & extent of injury, need for future treatment, entitlement to additional benefits, $66,668 for all claims, Petitioner agrees to allocate $10,000 to future medical care, stipulated judgment; Chris Helmer for Daugherty, Thomas Harrington for Schwab [Read more…]
Medical examiners, licensure negligence/nuisance
MEDICAL EXAMINERS: Supervisory control denied as to Judge Krueger’s denial of Rule 12(b)(6) motion for dismissal from action alleging negligence and private & public nuisance for failing to deny or terminate license of psychiatrist who allegedly prescribed improper meds… public duty/quasi-judicial immunity arguments more properly first developed and argued below… order. [Read more…]
Foreign judgments, Montana v. Arizona statute
FOREIGN JUDGMENTS: Arizona divorce judgment filed in Montana is subject to Montana’s 10-year statute, not Arizona’s 5 years… McMahon reversed. [Read more…]