REVOCATION: Drug Defendant properly found to have absconded by failing to report… Wilson affirmed. [Read more…]
Archives for 2020
Restitution, retail v. wholesale hardware store items
RESTITUTION for hardware store burglaries properly awarded as requested over unpreserved issue of retail v. wholesale values… Eddy affirmed (IOR I-3(c)). [Read more…]
Emotional distress, $62,750 verdict, vehicle theft
EMOTIONAL DISTRESS: Certified to Montana Supreme Court whether emotional distress damages are available for personal property damages or loss, following $62,750 verdict for unspecified non-property damages for theft of vehicle from repair facility. [Read more…]
Settlements
Plan I
Jeffrey Herman Jr., multiple, 6/16, MCCF accepted liability, paid appropriate benefits, numerous disputes as to additional benefits, $45,000 new money for all claims, stipulated judgment; Michele Reinhart-Levine for Herman, Kelly Wills for MCCF [Read more…]
Insurance, necessity of general contractor for repairs
INSURANCE: Common questions of law including necessity of general contractor for house repairs sufficiently predominate to warrant class certification despite certain premature conclusions… Moses affirmed, reversed. [Read more…]
Sexual assault, incriminating phone conversation
SEXUAL ASSAULT: Unsolicited incriminating phone conversation between Defendant and ex-girlfriend recorded without warrant by officers at police station properly admitted… Berger affirmed. [Read more…]
Restitution, meth decontamination, no causal connection
RESTITUTION: $31,902 restitution for meth decontamination improperly imposed on Defendant who merely possessed meth residue and a pipe… Reynolds reversed. [Read more…]
Restitution, reconstructed values of stolen items
RESTITUTION properly based on victim’s reconstruction of values of stolen items… Best affirmed (IOR I-3(c)). [Read more…]
SSD, failure to comply with medication regimen
SSD: Credibility of mentally ill claimant who failed to comply with medication regimen purportedly for lack of funds but still gambled and spent on other things improperly discounted… application denial reversed, remanded… Kelley/Cavan reversed (memorandum). [Read more…]
Supervised release, no contact with gang members
SUPERVISED RELEASE properly precludes contact with gang members… Molloy affirmed (memorandum). [Read more…]
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