ATTEMPTED DELIBERATE HOMICIDE conviction in asserted justifiable stabbing of friend affirmed over challenges to “purposely or knowingly” instruction and Prosecutor’s credibility comments… Boucher affirmed. [Read more…]
Archives for July 2020
Prisoners, judge authority for transfer from jail to prison
PRISONERS: Orders by Best for DOC to immediately transfer 8 defendants from jail to MSP and MWP vacated on supervisory control… order. [Read more…]
Class certification, “Chamber Choice” health insurance
CLASS CERTIFICATION granted for wrongful premium overcharge claims relating to “Chamber Choices” health insurance program… Halligan. [Read more…]
Private school tuition tax credit, religious schools
PRIVATE SCHOOL TUITION TAX CREDIT illegally denied religious schools… Ulbricht affirmed, DOR/Montana Supreme Court reversed. [Read more…]
RR conductor termination, $2,171,154.50 verdict
FELA/LIA/FRSA: $2,171,154.50 net verdict for termination of conductor who claimed injury in fall from locomotive over RR’s contention that he falsified report of off-work injury properly upheld… Christensen affirmed (memorandum). [Read more…]
Venue, Montana to Georgia, employment contract
VENUE: Forum selection clause in employment contract is enforceable, suit transferred to employer’s home state of Georgia… Molloy. [Read more…]
Settlements
Plan I
Tracy Elek, shoulder 11/16, FedEx, Kalispell, FedEx accepted claim, paid all benefits due including PPD, Petitioner contends that she is entitled to 2 years of voc-rehab, FedEx contends that she did not timely get the plan approved or begun, $36,250 new money for all claims, stipulated judgment; Ben Snipes for Elek, Adrianna Potts for FedEx [Read more…]