PROBATE: Girlfriend did not exceed POA when she transferred dying boyfriend’s money… boyfriend had capacity to enter valid deathbed marriage and to create and amend a valid unwitnessed will (placing burden to prove lack of intent or capacity on contestants harmless error)… Townsend affirmed. [Read more…]
Archives for September 2020
COS mandamus, certificate of sanitary review exemption
COS MANDAMUS: No duty to record a COS bearing a certification of exemption from sanitary review for which subdivider was not approved, mandamus petition properly dismissed… Vannatta affirmed. [Read more…]
Solar power, 80 MW project
SOLAR POWER: PSC’s determinations as to 80 MW solar project arbitrary & unlawful… Manley affirmed. [Read more…]
Elections, unauthorized Green Party signature gathering
ELECTIONS: Montana Green Party properly excluded from ballot because it was not associated with signature gathering by Republican Party… Reynolds affirmed (other grounds). [Read more…]
Marital, contempt/continuing property jurisdiction
MARITAL: District Court has jurisdiction over contempt issues and continuing jurisdiction over property issues in protracted post-decree assets/debts allocation dispute… Eddy affirmed (IOR I-3(c)). [Read more…]
DUI, crash into house, driving v. accidental roll
DUI: Overwhelming evidence that Defendant drove into house gas line over claim of accidental rolling by failing to put car in “park,” even if counsel was ineffective (he was found effective)… Eddy affirmed (IOR I-3(c)). [Read more…]
$2,481,594 verdict, high-speed semi/pickup
VERDICT: $2,481,594.36, high-speed semi/pickup rear-ender, admitted liability, disputed low back/neck/head. [Read more…]
Insurance, libel defend/indemnify, amount jurisdiction
INSURANCE: Duty to indemnify in libel action not ripe for declaratory judgment, stayed pending disposition of libel action or resolution of duty to defend claim… amount in controversy basis for federal jurisdiction satisfied regardless of whether adjudication of indemnity claim is deferred… Cavan. [Read more…]
Medicare recovery of asbestos death settlements
MEDICARE: Challenge of DHHS’s ability to recover Medicare conditional payments from wrongful death asbestos-related settlements rejected… Molloy. [Read more…]
Settlements
Plan I
Rick Gelling, injury, 6/02, OD, 4/07, BSB Co., MMIA accepted liability and paid indemnity and medical, indemnity settled for $170,000 new money in 8/10, dispute as to whether Petitioner is entitled to lumbar surgery, $135,000 for all claims ($119,759 MSA), Saidee Johnston for Gelling, Morgan Weber for MMIA [Read more…]
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