PRELIMINARY INJUNCTION properly granted in access dispute without finding of “great or irreparable injury” (reconciling prior cases)… Berger affirmed. [Read more…]
Archives for 2019
Parental rights termination, attorney CASA role
PARENTAL RIGHTS of parents properly terminated, but attorney CASA improperly allowed to subpoena notes from Father’s therapist, examine witnesses at termination hearing where youth also had attorney… Deschamps. [Read more…]
Criminal endangerment, high-speed pursuit
CRIMINAL ENDANGERMENT: Lesser-included negligent endangerment properly denied driver in high speed pursuit… Berger affirmed. [Read more…]
Jury, PFMA “partner” v. non-partner assault
JURY: Panelist with strong reservations about acquitting PFMA Defendant merely because of a failure to prove “partner” relationship should have been excused for cause… conviction reversed, remanded for new trial… Todd reversed. [Read more…]
Sentencing, prior “felony” with 17 days jail
SENTENCING: Deferral precluded for felony drugs based on Arizona felony escape even though Arizona only sentenced to 17 days in jail… Cuffe affirmed. [Read more…]
Insurance, ladder “Fall from Heights” exclusion
INSURANCE: Fall from Heights exclusion precludes coverage for ladder fall regardless of whether the person fell from or with the ladder or whether 10-15 foot fall measured from head or foot qualifies as “from heights”… no duty to defend roofing contractor vis-à-vis $4.7 million consent judgment… Cavan. [Read more…]
$550,000 settlement, traffic stop shooting death
SETTLEMENT: $550,000, traffic stop shooting death of suspected robber or drug shooter, eve of trial settlement following denial of summary judgment on whether deadly force was justified. [Read more…]
Criminal defamation statute overbroad, “defamed” judge
CRIMINAL DEFAMATION: Montana statute unconstitutionally overbroad for lack of specific “actual malice” mens rea, contrary to Lynch’s implied reading… sua sponte summary judgment for disbarred attorney charged with criminal defamation of judicial election opponent… Molloy. [Read more…]
Logger ARD/OD
Logger timely filed ARD OD claim, ARD was OD for which insurer liable, Claimant entitled to medical/impairment award/PTD/costs but not attorney fees or penalty despite Court’s misgivings… Sandler. [Read more…]
Settlements
Plan I
Calvin Stenseth, low back, 2/89, $160,946, James O’Brien
No lawyer: Albert French, teeth, 18, $13,790 [Read more…]
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