WRONGFUL DISCHARGE: Filing Notice of Claim with City does not toll statute as for State, claim untimely filed, should have been dismissed… $75,612 verdict reversed… Krueger reversed. [Read more…]
Archives for April 2020
Right to know, deferred prosecution dismissal, mootness
RIGHT TO KNOW: Newspaper’s request for documents and video related to Deputy’s arrest of individual and disciplinary records not mooted by deferred prosecution dismissal of charges against Deputy… Deschamps reversed (IOR I-3(c)). [Read more…]
Water, irrigation claims, abandonment
WATER: One irrigation claim correctly found abandoned by non-use, evidence as to 2nd misapprehended as to effect of testimony as to historical use… Ritter affirmed, reversed. [Read more…]
Marital, Montana husband, Ukrainian wife
MARITAL: Maintenance properly awarded, property properly apportioned in divorce of Montana husband and Ukrainian wife… Cuffe affirmed (IOR I-3(c)). [Read more…]
Attorney discipline, failure to comply with suspension
ATTORNEY DISCIPLINE: Patrick Begley suspended for not less than 7 months concurrent with prior suspension for failure to comply with terms & conditions of prior suspension, failure to again comply with conditions holding this matter in abeyance… order. [Read more…]
Deliberate homicide/PFMA, joinder, victim’s meth use
DELIBERATE HOMICIDE/PFMA convictions affirmed over challenges to joinder of counts and exclusion of victim’s meth use and out-of-court statements (some erroneously admitted but harmless error)… Townsend affirmed. [Read more…]
Multiple charges, house-flipping Ponzi scheme
MULTIPLE CHARGES: House-flipping investments operator properly convicted and sentenced on 5 counts including Ponzi scheme but embezzlement violative of multiple charges statute… Hayworth affirmed, reversed. [Read more…]
Sentencing, “street time” in revocation proceeding
SENTENCING: No discretion under 2017 statute to deny credit for “street time” in revocation proceeding, time must be credited unless there is evidence in the record or recollection of the PO that the defendant committed a violation during the relevant period as correctly found here… Murnion affirmed. [Read more…]
Insurance, Iowa UM/UIM reinsurer, shooting death
INSURANCE: Contract and declaratory claims against Iowa UM/UIM reinsurer relating to shooting death in Montana of South Dakota resident driving vehicle with business policy and shooter driving uninsured or underinsured vehicle dismissed for lack of personal jurisdiction… Cavan. [Read more…]
Insurance, painting subcontractor, pollution exclusion
INSURANCE: Even assuming general contractor is additional insured under painting subcontractor’s policy (a close question), pollution exclusion bars coverage for alleged injury through exposure to chemicals in epoxy coatings that painters applied on wastewater plant, no duty to defend/indemnify… Molloy. [Read more…]