The Weekly Digest of Montana Law
By lilly
Plan I
Christopher Doane, arm, 1/19, mine near Nye, Stillwater accepted liability, paid all benefits due & owing, Petitioner achieved MMI, 22% impairment assigned, job descriptions approved, disputes as to voc-rehab and out-of-state treatment, $110,000 for all claims, stipulated judgment; Jay Dufrechou for Doane, Joe Maynard for Stillwater Mining [Read more…]
By lilly
WAGES: Duration and periods of exotic dancer’s on-and-off employment properly determined by WHU to allow claim for latest period only… Best affirmed. [Read more…]
By lilly
PRELIMINARY INJUNCTION properly issued enjoining dissipation of marital assets to protect alleged child sexual abuse victim’s potential monetary recovery… Lint affirmed (IOR I-3(c)). [Read more…]
By lilly
SEXUAL ASSAULT: SIWC consent age of 16 improperly applied to sexual assault in trial involving 14-year-old, counsel ineffective for not offering instruction with consent age of 14 for sexual contact… conviction reversed, remanded for new trial… Cuffe reversed. [Read more…]
By lilly
DUI/DRUGS: Officer’s chat with Defendant on way to investigate allegation that he deflated ex-wife’s tires properly escalated into DUI investigation and subsequent DUI and pill charges… Langton affirmed (IOR I-3(c)). [Read more…]
By lilly
AGE/SEX DISCRIMINATION claims by art teacher applicant rejected on summary judgment… Dayton. [Read more…]
By lilly
WIND FARM: Suit to halt proposed 79.9 MW project dismissed without prejudice following preliminary injunction and developers unable to obtain financing as a result dropped out… landowners’ counterclaims dismissed as untimely compulsive… Oldenburg. [Read more…]
By lilly
SETTLEMENT: “Significant” amount in settlement of claim of misrepresentation by 5th-wheel trailer dealership on remand from Supreme Court ruling that complaint could be amended 2 years after original complaint to add misrepresentation and that judgment was improperly granted to dealership. [Read more…]
By lilly
Petitioner not entitled to TTD because he was MMI when benefits were terminated and has remained at MMI, but is entitled to PTD/medical from 1/15… Sandler. [Read more…]
By lilly
Plan I
Robert Elam, left knee, 9/09, low back, 11/09, Petitioner alleges related right knee, bilateral shoulder, neck, and low back pain as a result of left knee injury, MMIA has denied liability for the related pains, $620,163 ($265,464 self-administered MSA) for all claims, stipulated judgment; Russell Plath for Elam, Morgan Weber for MMIA [Read more…]