Montana Law Week

The Weekly Digest of Montana Law

Archives for 2019

Drugs, hiding in bushes across from courthouse at 6 a.m.

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DRUGS: Person hiding in bushes and bobbing up & down across from courthouse at 6 a.m. as deputy was preparing to make prisoner transfer provided particularized suspicion for Terry investigation… handcuffing for safety during investigation did not constitute arrest, but probable cause existed for arrest when person volunteered that he had meth… suppression properly denied… Cuffe affirmed. [Read more…]

Drugs, passenger in vehicle, “mere presence”

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DRUGS: Passenger in drug vehicle properly retried on amended charge of meth possession following hung jury on possession with intent to distribute, not necessary to analyze double jeopardy… “mere presence” instruction properly rejected… officers’ testimony as to conflicting statements of others in vehicle as to relationship of person they visited in Washington not hearsay… conviction affirmed… J. Brown affirmed. [Read more…]

FRSA, “honestly held belief” of safety rules violation

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FRSA: Jury improperly instructed that RR cannot be liable for termination of laborer if it was based on “honestly held belief” that he violated safety rules by fouling track and was nearly hit by train… defense verdict reversed, remanded for new trial… Molloy reversed. [Read more…]

Health insurance, “Chamber Choices,” ERISA, state law

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HEALTH INSURANCE: Claims against “Chamber Choices” health insurance program for assessing surcharges that were kicked back to Chamber of Commerce and charges for insurance products without consent of small businesses properly rejected as not subject to ERISA… state law claims improperly dismissed without opportunity to amend to state fraud allegations with greater particularity or file in State Court… Christensen affirmed, reversed. [Read more…]

Medical marijuana possession, appropriations rider

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MEDICAL MARIJUANA provider properly charged with federal possession with intent to distribute notwithstanding appropriations rider because he was not in strict compliance with state law requiring a landlord permission form… probable cause for search warrant based on informant’s statements corroborated with power records… Christensen affirmed (memorandum). [Read more…]

Settlements

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Plan I

Travious Hinton, right knee, 8/17, Bozeman Smith’s Grocery, disputes as to entitlement to wage loss benefits, nature & extent of injury, need for future treatment, $75,000 for all claims, stipulated judgment; Stacey Tempel-St. John for Hinton, Charlie Smith for The Kroger Co. [Read more…]

Correction, “The District Court” Judge identification

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CORRECTION: “The District Court” referenced in the Supreme Court’s Abbey/Land opinion was misconstrued in the 2/2/19 MLW summary as Judge Eddy when it was her predecessor Judge Ortley. Page 3, 2nd column, 2nd full paragraph should read:

JR moved to intervene in 8/13. Judge Ortley did not rule on that motion. On Abbey/Land’s motion, he entered judgment against Glacier in the amount of the stipulated settlement 3/17/14 without a hearing. JR appealed. Abbey/Land I (Mont. 2015) reversed, holding that Ortley should have allowed JR to intervene to challenge reasonableness of the confessed judgment and whether it was the product of collusion. JR filed a counterclaim and cross-claim in intervention, requesting dismissal of the case with prejudice as well as attorney fees & costs. Abbey/Land attempted to avoid a reasonableness hearing. It filed notice that it was withdrawing its motion for judgment on the settlement agreement and intended to go to trial. It then filed a stipulation to arbitrate, arguing that Glacier’s and Abbey/Land’s contract required arbitration. Ortley’s successor Judge Eddy (Ortley retired at the end of 2016) ruled that she “cannot sanction transferring this matter to arbitration under the guise of the illusion of an adversary proceeding” and that Abbey/Land could not unilaterally withdraw from the settlement. …

County road, constitutional taking, no litigation expenses

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COUNTY ROAD: County’s use of road not a constitutional taking since it acted under claim of right in removing berm, owner not entitled to compensation under US or Montana Constitution… owner not entitled to litigation expenses since owner and County both prevailed and lost… trial costs awarded prior to earlier appeal improperly continued in remand proceeding… Spaulding affirmed, reversed. [Read more…]