Archives for 2019

Attorney fees, house contract/lien claims

March 30, 2019 By lilly

ATTORNEY FEES: All of home subcontractor’s $120,981.05 fees improperly assessed against owner’s construction lien bond following $1,838,000 verdict against general contractor on contract claims… Manley reversed. [Read more…]

Attorney discipline, island mansion representation

March 30, 2019 By lilly

ATTORNEY DISCIPLINE: George Best’s tendered admission to rules violations in relation to Flathead Lake mansion representation in exchange for maintaining “resigned” status for 5 years accepted… order. [Read more…]

Attorney discipline, guardianship conduct, rehearing

March 30, 2019 By lilly

ATTORNEY DISCIPLINE: Reconsideration of suspension of Tina Morin for guardianship misconduct denied… order. [Read more…]

Parental termination, conditional relinquishment

March 30, 2019 By lilly

PARENTAL TERMINATION of Mother improperly based on conditional relinquishment which never became effective… Deschamps reversed. [Read more…]

Double jeopardy, careless driving, DUI

March 30, 2019 By lilly

DOUBLE JEOPARDY not violated by charging dizzy MVA driver with DUI following toxicology report indicating meds in blood after driver had pled guilty and been sentenced 4 months earlier for careless driving… McMahon affirmed (other grounds). [Read more…]

Bail bond forfeiture

March 30, 2019 By lilly

BAIL BOND FORFEITURE: Objection properly denied for failure of bondsman to appear within 90 days of the forfeiture (civil 3 days for notice by mail not applicable) and failure to satisfactorily excuse bail-jumper’s failure to appear… Spaulding (IOR I-3(c)). [Read more…]

Alford pleas, sex charges, guilty v. nolo

March 30, 2019 By lilly

ALFORD PLEAS to sex charges were guilty pleas, not nolo pleas, Judge not prohibited by §46-12-204(4) from accepting them… Haynes affirmed. [Read more…]

Boat slip rental termination, CPA violation, 0 damages

March 30, 2019 By lilly

VERDICT: Marina violated CPA in terminating boat slip rental but did not cause damages… Plaintiffs claim $500 statutory damages, equitable relief in form of slip rental, attorney fees. [Read more…]

Settlements

March 30, 2019 By lilly

Plan I

Alan Guderjahn, puncture from person in act of crime, 7/16, Phillips Co. Sheriff’s Dept., MACo accepted liability, paid benefits, disputes as to entitlement to disability, medical, voc-rehab, $220,000 new money without discount to present value for all claims, stipulated judgment; Thomas Murphy for Guderjahn, William Blackaby for MACoWCT [Read more…]

Discovery, bad faith following $1.7 million FELA verdict

March 23, 2019 By lilly

DISCOVERY: Supervisory control of Bidegaray denied on liability/causation sanctions default in bad faith case following $1.7 million FELA verdict… Court declines to revisit FELA preemption issue… order. [Read more…]