Archives for 2019

Severance, tampering, underlying assault/restraint

September 14, 2019 By lilly

SEVERANCE of tampering from underlying assault/restraint properly denied… Cuffe affirmed (IOR I-3(c)). [Read more…]

Attorney fees, $667,250, $2 million mobile park death

September 14, 2019 By lilly

ATTORNEY FEES: $667,250 fees, $35,800.08 costs, awarded following $2 million gross verdict for death of child crushed by speeding driver in trailer park… Christopher. [Read more…]

Robocalls, political speech restrictions

September 14, 2019 By lilly

ROBOCALLS: Montana statute restricting political speech is both underinclusive and overinclusive, not tailored to address State’s compelling privacy interests, does not survive strict scrutiny… Lovell reversed. [Read more…]

Lacey Act, outfitter v. client permit

September 14, 2019 By lilly

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…]

Settlements

September 14, 2019 By lilly

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

September 7, 2019 By lilly

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

September 7, 2019 By lilly

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

September 7, 2019 By lilly

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

September 7, 2019 By lilly

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

September 7, 2019 By lilly

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…]