INSURANCE: Supervisory control of McElyea’s ruling that County’s insurer in snowplow/auto MVA cannot rely on §2-9-108(1) $750,000 liability cap because policy contains limits in excess of cap denied… order. [Read more…]
Archives for November 2020
Wages, Notice Letter mailing/delivery
WAGES: Rule 301(b)(2) “preponderance of evidence” standard properly applied notwithstanding DLI’s “clear & convincing” standard to find that wage claim Notice Letter was mailed, statutory presumption of delivery properly applied to find that employer received Notice Letter and Determination… $7,601.50 attorney fees properly awarded on recovery of $1,700 wages and $1,870 penalty… Vannatta affirmed. [Read more…]
Prostitution promotion, 19-year-old’s conduct at 16
PROSTITUTION PROMOTION: Convictions affirmed over challenge to exclusion of 19-year-old’s prostitution conduct at age 16… Moses and Souza affirmed. [Read more…]
Theft, motorcycle, VIN alteration
THEFT of motorcycle, VIN alteration convictions affirmed over challenges to not having the motorcycle at trial, citizen’s tip about suspicious motorcycle relayed by investigating officer as hearsay, failure to clarify jury query about altering stamped VIN v. altering title or bill of sale… J. Brown affirmed. [Read more…]
DUI, license reinstatement, citation date discrepancy
DUI: License reinstatement properly denied over challenges to grounds to arrest and require breath test, alleged hearsay testimony by officer, 4-day discrepancy in citation date… Deschamps affirmed (IOR I-3(c)). [Read more…]
Bond, Animal Welfare Statute
BOND: Constitutional challenges to $31,019.60 bond in animal cruelty case waived by failure to raise below… Pinski affirmed (IOR I-3(c)). [Read more…]
Traffic stop, pill bottles in door pocket
TRAFFIC STOP: Pill bottles in door pocket with information blacked out and driver’s decrepit appearance supported reasonable suspicion to extend expired registration stop… Watters affirmed (memorandum). [Read more…]
Sentencing, home confinement request
SENTENCING: Request for home confinement properly rejected… Christensen affirmed (memorandum). [Read more…]
Arbitration, insurance, “any dispute,” “service of suit”
ARBITRATION: Insurance policy requiring arbitration of “any dispute” arising out of policy and “service-of-suit” clause allowing direct suit in Federal Court for failure to pay any amount claimed reconciled in favor of requiring arbitration of claims for reimbursement of wrongful imprisonment and wrongful conviction settlements… Christensen. [Read more…]
Settlements
Plan I
Hollie Schultz, head, 2/18, Bozeman School Dist., MSGIA accepted liability, dispute as to future wage loss, impairment award, future medical, $87,000 for all claims, stipulated judgment; Paul Odegaard for Schultz, Morgan Weber for MSGIA [Read more…]