Montana Law Week

The Weekly Digest of Montana Law

Archives for 2019

DUI, State Lab blood tests discovery responsibility

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DUI: Motion to exclude blood test properly denied where Defendant could have obtained it from Lab but insisted on Prosecution getting it for him… Defendant precluded from arguing that the State had not fulfilled its discovery obligation when Judge had ruled that it had… adding DUI per se less than 5 days before trial not prejudicial because jury did not reach subject of amendment… redacted version of investigation video provided to Defendant morning of trial properly admitted… conviction affirmed… Langton affirmed. [Read more…]

Excessive force death, backseat passenger, unlit plate

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EXCESSIVE FORCE DEATH: Shooting of suspected robbery or drug shooter in stop of vehicle for alleged unlit plate light in which suspect was backseat passenger survives summary judgment as to whether deadly force was constitutional and — until facts can be established — whether officer violated clearly established law… summary judgment for City and PD granted on §1983 claims… summary judgment granted and denied on state law claims… Molloy. [Read more…]

Settlements

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Plan I

Douglas Hartsell, low back, 12/94, City of Missoula, MMIA accepted liability, paid medical/indemnity, Hartsell also filed 9 claims for indemnity and/or medical, disputes as to entitlement to indemnity and future medical, $20,000 new money for all claims, stipulated judgment; Jason Williams for Hartsell, Oliver Goe for MMIA [Read more…]

Insurance, $12 million confessed judgment, collusion

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INSURANCE: Confessed judgment of $12 million ($17 million with interest at 12%) against insurer that refused to defend properly found unreasonable and product of collusion between real estate developer’s 2 entities engaged in construction of his luxury home on Flathead Lake island, but collusion so egregious that proper remedy is dismissal in entirety rather than reduction to “reasonable amount” of $2,432,010… $925,619.87 attorney fees & costs improperly awarded under “inherent powers,” but awardable under UDJA… Eddy affirmed, reversed. [Read more…]