Petitioner in Montana MVA in W. Virginia company vehicle did not have employment relationship with company, company not required to furnish comp, UEF not liable… Sandler. [Read more…]
Archives for 2019
Settlements
Plan I
Rosebud Seiler, back, 2/10, 1/11, hip, 8/12, Billings, underwent low back surgery, achieved MMI, assigned 17% impairment, disputes as to cooperation with medical care and appropriate future medical care, $75,000 for all claims, stipulated judgment; Andrew Miller for Seiler, Joe Maynard for Sisters of Charity of Leavenworth [Read more…]
Default judgment, $7.5 million foreign judgment
DEFAULT JUDGMENT and summary judgment in convoluted $7.5 million foreign judgments case wrongly set aside based on excusable neglect despite proper service to registered agent… McMahon reversed (IOR I-3(c)). [Read more…]
Police pay, unpaid longevity, other wage claims
POLICE PAY: Judge Rieger correctly determined on remand after applying extrinsic evidence to ambiguous CBAs that Billings does not owe Officers unpaid longevity, but erred in dismissing without consideration other wage claims and related potential penalties/fees/costs… Rieger affirmed, reversed. [Read more…]
Indian parental rights, efforts to preserve family
INDIAN PARENTAL RIGHTS: DPHHS failed to engage in active efforts to prevent breakup of family, Father’s rights improperly terminated… Best reversed. [Read more…]
Assault with weapon, self-defense, pretrial silence
ASSAULT WITH WEAPON: Prosecutor’s cross and comments on Defendant’s newly disclosed claim of self-defense, although inadvisable, not an infringement on right to pretrial silence… Todd affirmed (IOR I-3(c)). [Read more…]
Assault with weapon, “contingent” v. present threat
ASSAULT WITH WEAPON conviction affirmed over claim of “contingent” or future rather than present threat of force… McMahon affirmed (IOR I-3(c)). [Read more…]
Race discrimination, $91,180, slurs by Indian’s supervisor
RACE DISCRIMINATION/RETALIATION: $91,180.16, offensive slurs by Indian’s supervisor, termination in retaliation for complaining… Holien and HRC affirmed… Harris. [Read more…]
Defense verdict, ice/snow slip & fall, fractured hip
VERDICT: Defense, ice/snow slip & fall, fractured hip. [Read more…]
Settlements
Plan I
Robert Pinney, clavicle, 11/16, Costco, numerous disputes as to compensability and nature & extent of any benefits, $49,900 for all claims, Costco relied on Petitioner’s representation that he has no desire to return to Costco as a material element of settlement, stipulated judgment; Matthew Murphy for Pinney, Kelly Wills for Costco [Read more…]
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