PUBLIC DEFENDER: 1st-offense misdemeanor theft defendant not subject to incarceration under 2017 statute, not entitled to appointed counsel… Fagenstrom reversed on supervisory control. [Read more…]
Archives for 2019
Prisoner injury, §1985 dangerous work environment
PRISONER INJURY: §1983 dangerous work environment, medical indifference, retaliation claims improperly dismissed for failure to state claim, allegations sufficient to warrant answer… Christensen reversed (memorandum). [Read more…]
Settlements
Plan I
Carolyn Lambert, left knee, 12/17, Smith’s Grocery, Bozeman, Respondent accepted liability and initiated all benefits due, disputes as to wage loss benefits, nature & extent of injury, on-going complaints, ability to work, $80,000 ($7,531 MSA) for all claims, stipulated judgment; Christopher Helmer for Lambert, Charlie Smith for The Kroger Co. [Read more…]
RISA, no private cause under 2009 version, mobile home
RISA: 2009 version does not confer private cause of action for challenge of mobile home contract… Todd affirmed. [Read more…]
Abortion, preliminary injunction allowing by APRNs
ABORTION: Preliminary injunction properly granted allowing APRNs to perform early-term abortions pending challenge of statute restricting abortions to physicians and PAs… Menahan affirmed. [Read more…]
Rape, insufficient nexus for no contact with minors
RAPE: Insufficient nexus to impose probation restrictions on contact with minors… Kutzman reversed. [Read more…]
Drugs/DUI, officer certification, jail video erasure
DRUGS/DUI: Arresting officer not precluded from testifying by alleged certification deficiencies… warrant to search truck supported by probable cause starting with scent of marijuana… accidental erasure of jail processing video insufficient to dismiss DUI… Laird affirmed. [Read more…]
Burst waterline, bankruptcy schedules judicial estoppel
BURST WATERLINE: House damage claim against City precluded by judicial estoppel based on failure to list in bankruptcy schedules and by nuisance statute of limitations… Souza. [Read more…]
Boat slip eviction verdict, CPA equitable relief/fees
BOAT SLIP EVICTION: Equitable relief in form of injunction compelling marina to provide boat slips and attorney fees denied following verdict finding that marina operator violated CPA in terminating sailboat slip rental but the violation did not cause damages… Menahan. [Read more…]
$750,342 verdict, motorcycle/pickup, chiropractor income
VERDICT: $750,342, motorcycle/pickup MVA, admitted liability, chiropractor’s lost income. [Read more…]
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