CHOICE OF LAW: Montana law properly held to govern claims involving death of Montanan in ND oil field, federal decisions distinguishable… Rieger affirmed. [Read more…]
Archives for November 2020
Intervention, $11 million loan judgment
INTERVENTION in quiet title action properly denied creditor who docketed judgment after Plaintiff’s $11 million judgment was docketed… Souza affirmed (IOR I-3(c)). [Read more…]
University professor contract termination
UNIVERSITY PROFESSOR contract termination claims properly rejected on summary judgment… J. Brown affirmed (IOR I-3(c)). [Read more…]
Return of evidence, laptop/cellphone, sex abuse claim
RETURN OF EVIDENCE: Further findings required to determine whether laptop and cellphone seized 7 years ago from daughter who accused father of sexual abuse should be returned to parents with data unaltered even though time for filing charges runs through 5/25… Reynolds reversed (IOR I-3(c)). [Read more…]
$10,000 verdict, killing neighbors’ Rottweiler
VERDICT: Defense as to emotional distress claims from shooting shotgun into air and killing neighbor’s Rottweiler, $10,000 exemplary damages for killing dog. [Read more…]
Post-judgment interest, $5 million liquor store settlement
POST-JUDGMENT INTEREST on $5 million settlement judgment in State liquor store breach of contract claim should be awarded pursuant to Montana law as stipulated, not federal law as determined by Judge, and at 10% as contended Plaintiff, not 0% as contended by State… Haddon reversed (memorandum). [Read more…]
Double jeopardy, assault in Indian country, child abuse
DOUBLE JEOPARDY not violated by assault resulting in serious bodily injury in Indian Country after guilty plea to felony child abuse… Morris affirmed (memorandum). [Read more…]
3rd petition to rescind 1988 head injury settlement
3rd petition to rescind 1988 settlement of head injury claim based on mistakes of fact and law denied based on res judicata… tort claims including that MSF lied to Petitioner dismissed for lack of jurisdiction… request to rescind 2001 settlement remains… Sandler. [Read more…]
Settlements
Plan II
Darren Capeheart, low back, hip, right elbow, 1/19, fell outside a patient’s house while employed by Frontier Home & Health & Hospice, AIG accepted liability, commenced payment of indemnity and medical, denied liability for claimed CRPS condition, disputes as to whether some conditions exist or are related to the job injury, extent of treatment needed for the accepted and denied conditions, entitlement to further indemnity, $130,000 new money for all claims, stipulated judgment; Matthew Murphy for Capeheart, Geoffrey Keller for AIG Property Casualty [Read more…]
Retaliation, fired bar/restaurant manager
RETALIATION claim by bar/restaurant manager rejected for failure to show that declining financial performance and “f-word” at bank were not legitimate reasons for discharge or causal link to alleged discrimination against African-American employees… Caroline Holien. [Read more…]
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