RIVER ACCESS: Conveyance metes & bounds properly interpreted as intent by donor as meander line giving public access to Bitterroot River… Deschamps affirmed. [Read more…]
Archives for July 2020
Mental commitment, medical v. mental condition
MENTAL COMMITMENT: Issue of medical v. mental condition properly resolved by mental professional’s own diagnosis, not just reliance on other professionals… McMahon affirmed (IOR I-3(c)). [Read more…]
Student loan, claims against servicer, preemption
STUDENT LOAN: State law claims against loan servicer alleging failure to accurately account for payments for purposes of Public Service Loan Forgiveness not preempted by Higher Education Act… McMahon reversed. [Read more…]
Necessary party, Board of Environmental Review
NECESSARY PARTY: Supervisory control of Bidegaray denied as to refusal to dismiss Board of Environmental Review from mining permit case… order. [Read more…]
Bar admission, COVID diploma admission v. exam
BAR ADMISSION: Petition for COVID diploma admission or additional safety measures during July exam denied… order. [Read more…]
PFO, federal bank robbery v. Montana robbery
PFO: 1994 federal bank robbery not reasonably equivalent to 2014 Montana robbery to qualify as predicate violent offense for PFO enhancement… remanded for resentencing… Moses reversed. [Read more…]
Settlements
Plan I
Kenneth Luntsford, right foot, 4/19, Smith’s Food & Drug, Kalispell, disputes as to wage loss, causation, nature & extent of injury, need for future treatment, $24,597 for all claims, stipulated judgment; Wayne Olson for Luntsford, Charlie Smith for The Kroger Co. [Read more…]
Post-judgment interest, accrual during appeal
POST-JUDGMENT INTEREST continued to accrue on paid $223,485.12 employment contract judgment during stay pending appeal regardless of who appealed first or who requested stay or cross-appealed… Kutzman reversed. [Read more…]
Plea withdrawal, Defendant turned 18 during SIWC
PLEA WITHDRAWAL properly denied Defendant who turned 18 during period of admitted SIWC with 4-year-old… Seeley affirmed (IOR I-3(c)). [Read more…]
Search & seizure, stop of suspect seen on surveillance
SEARCH & SEIZURE: Officers had particularized suspicion to stop suspect seen on surveillance buying gas with stolen credit card… contrary Federal Court finding in firearms case result of different questions, witnesses, evidence, attorneys… Seeley affirmed (IOR I-3(c)). [Read more…]