LLC/CONTRACT: LLC lacked standing to sue over gravel pit sublease because 6 years exceeded reasonable time to wind up, new entity with same name created during litigation did not revive original… sole member lacked standing to sue in individual capacity as he was not a party or 3rd-party beneficiary to the disputed contract… tort claims relating to failure to pay royalties or reclaim site to minimize tax exposure properly dismissed for failure to show duty of care distinct from contract… Best affirmed. [Read more…]
Archives for October 2020
Sexual assault, technology devices probation conditions
SEXUAL ASSAULT OF CHILD: Probation conditions for Defendant who sexually assaulted 13-year-old overbroad in completely restricting access to internet, computer, and smart phone although monitoring of usage is appropriate, remanded for amendment… public defender fee improperly imposed without sufficient inquiry into ability to pay… Lint reversed. [Read more…]
Speedy trial, inmate with detainer on other charges
SPEEDY TRIAL right violated by delay of 5 years for burglary/theft Defendant in prison on other charges, charges dismissed… Oldenburg reversed. [Read more…]
PFMA, justifiable force, recanted allegations
PFMA: Justifiable force defense as to wife properly rejected, charges as to wife and daughter both supported by sufficient evidence despite their inconsistent version to officers and recantations at trial… Swingley/Menahan affirmed (IOR I-3(c)). [Read more…]
Revocation, animal cruelty, horse herd reduction
REVOCATION: Animal cruelty Defendant properly revoked for failing to timely reduce horse herd to 5… new suspended sentence with condition of no horses not harsher than original sentence… Harris affirmed (IOR I-3(c)). [Read more…]
Rape/sexual assault, child’s out-of-court statements
RAPE/SEXUAL ASSAULT: Day-of-trial amendment to Information to enlarge time of alleged offenses against child properly allowed as one of form and not substance… out-of-court statements by child in forensic interview and testified to by her counselor properly admitted due to difficulty parsing mixed inconsistent and consistent statements (but not under Judge’s hearsay exception concepts of “declarant testified earlier” or “link it up later”)… Haynes affirmed (IOR I-3(c)). [Read more…]
Abuse of process, subpoena of judgment debtor’s son
ABUSE OF PROCESS claim stemming from subpoena of judgment debtor’s son in effort to discover location of debtor or his assets rejected on summary judgment, suspended attorney Plaintiff declared vexatious litigant… Menahan. [Read more…]
Discovery, computation of claimed damages
DISCOVERY: Wrongful discharge Plaintiff required to provide complete computation of damages requested, tax returns under protective order, information relating to his business… Defendant awarded full $5,555.50 fee request… Molloy. [Read more…]
Appeal of medical review panel re-open denial
Insurer is proper party to defend appeal of medical review panel denial of reopen… Sandler. [Read more…]
Settlements
Plan I
Kenneth Allen, upper back, 4/18, tased in training program, Missoula, MCWCGI accepted liability, paid all benefits due & owing, Petitioner achieved MMI, 7% impairment assigned, lifting restrictions imposed, disputes as to wage loss, voc-rehab, ongoing care, $75,000 for all claims (with credit to MCWCGI for PPD paid to date), stipulated judgment; Sydney McKenna for Allen, Joe Maynard for Missoula Co. WC Group Ins. [Read more…]
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