The Weekly Digest of Montana Law
By lilly
Plan II
Tiffany Brannon, 10/16, 4/17, Ennis, EPI initiated benefits for 10/16 claim, denied 4/17 claim, Petitioner achieved MMI following surgery, impairment assigned, released to full duty, has held multiple jobs since injury, again injured in 10/18 while MSF was at risk, dispute as to medical causation and appropriate care, $19,000 for all claims, stipulated judgment; Charla Tadlock for Brannon, Joe Maynard for Employers Preferred Ins. [Read more…]
By lilly
AIRCRAFT SALE AGREEMENT: Judgment on pleadings for Seller properly granted based on Buyers backing out without conducting inspection… Seller’s motion to deem RFAs admitted properly denied because Buyers’ offer to extend discovery was conditioned on early settlement conference which never occurred, Seller properly sanctioned for misrepresenting otherwise… pre-judgment interest properly denied because amount of judgment was uncertain until sanction fees awarded despite stipulated damages (loss from subsequent sale)… Ulbricht affirmed. [Read more…]
By lilly
BANKING: Estate’s claims against brother of improper withdrawals from joint mineral trust account properly dismissed on summary judgment including loan signatory/ratification and numerous statute of limitations issues… Rule 11 sanctions properly imposed… Bidegaray affirmed (IOR I-3(c)). [Read more…]
By lilly
BOARD OF PLUMBERS: “Minor repair” exception to plumbing work obviated need for permit, Board’s contrary ruling properly reversed… Gilbert affirmed (IOR I-3(c)). [Read more…]
By lilly
MARITAL: Husband’s claim for indemnification from wife under property settlement agreement for $467,208.71 fees & costs defending against federal suit by wife’s divorce funding company properly denied… Bowen/H. Brown affirmed (IOR I-3(c)). [Read more…]
By lilly
SSD: Obesity claim properly rejected… Morris affirmed (memorandum). [Read more…]
By lilly
Plan I
Mitzi Wood, upper arm, 1/11, PT, $4,000, medical reserved, Richard Martin [Read more…]
By lilly
ATTORNEY DISCIPLINE: Ronald Lords disbarred for enticing elderly clients to “invest” in or loan money to his construction company and using most of the funds for his personal expenses in a “Ponzi scheme,” ordered to pay $1,069,970.83 restitution plus interest… order. [Read more…]
By lilly
ATTORNEY DISCIPLINE: David Freedman disbarred for client neglect in default proceeding in which he failed to respond or appear… order. [Read more…]
By lilly
DUI: Officer must lawfully arrest a person for DUI before requesting him to submit to a blood or breath test for purposes of a test refusal license suspension… Defendant was lawfully arrested based on anonymous 911 call coupled with officer’s observations… Townsend affirmed. [Read more…]