Plan I
Adam Castillo, hip, 6/19, $44,408, medical reserved, Stacy Tempel-St. John [Read more…]
Archives for June 2020
Will contest, farm left to 1 of 3 daughters
WILL CONTEST: Challenge to Will leaving farm to 1 of 3 daughters properly dismissed as time-barred… daughter successfully defending probate improperly denied fees/costs… Olson affirmed, reversed. [Read more…]
Attorney fees, duplicate awards by 2 judges
ATTORNEY FEES: $17,450 duplicate fees improperly awarded between 2 judges in related cases… $625 fees-for-fees improperly awarded… Larson reversed (IOR I-3(c)). [Read more…]
Streambed preservation, dredging in drainage
STREAMBED PRESERVATION: Conservation District properly found to have jurisdiction over creek drainage dredging… Eddy affirmed. [Read more…]
Bar admission, provisional admission vis-à-vis COVID
BAR ADMISSION: Temporary rules for provisional admission adopted to accommodate candidates unable or unwilling to sit for the July exam due to COVID-19… order. [Read more…]
Assault on officer, broken BB gun not “weapon”
ASSAULT ON OFFICER: Broken BB gun pointed at officer was not a “weapon” capable of producing death or serious injury… conviction reversed… Best reversed. [Read more…]
Revocation, failure to complete treatment in custody
REVOCATION: Defendant wrongly revoked for failure to complete sex treatment while in custody when sentence only required completion of treatment with no time specified… R. McElyea reversed. [Read more…]
Intimidation, “wrongful” 1995 conviction, 2016 threats
INTIMIDATION: Materials offered in support of claim of wrongful conviction of sexual assault in 1995 properly excluded as irrelevant to charge of intimidation via 2016 letter to Marshals Service threatening mass murder if it failed to intervene… PFO enhancement improperly imposed based on concurrent failure to register prosecution… Ulbricht affirmed, reversed (IOR I-3(c)). [Read more…]
Breach of forbearance, $7,535,593 fees, $8,067,406 interest
BREACH OF FORBEARANCE: $7,535,593.18 attorney fees, $8,067,405.60 prejudgment interest, $176,063.19 costs awarded on previous $10,595,414.16 judgment for breach of bank’s Forbearance Agreement with office products entity, applying Montana reciprocity law for fees (with 40% contingency), Michigan law for interest, Montana law for costs, plus post-judgment interest at 10% per 2005 statute… Dayton. [Read more…]
Bankruptcy, Yellowstone Club Exculpation Clause
BANKRUPTCY: Yellowstone Club founder’s challenge to Exculpation Clause releasing certain non-debtors from liability for acts or omissions arising out of Ch. 11 proceedings improperly dismissed as equitably moot contrary to law of the case, but Clause — reviewed on the merits by Panel — nevertheless held valid… appeal not dismissed for failure to fully respond to order to show why appeal should persist in wake of purported global settlement… Haddon affirmed (other grounds). [Read more…]