MARITAL: MSA properly interpreted in complex ag estate distribution, but Rule 11 fees improperly imposed on wife….. Cybulski affirmed, reversed (IOR I-3(c)). [Read more…]
Archives for 2020
Pain prescriptions, distribution, negligent homicide
PAIN PRESCRIPTIONS: Doctor properly convicted of criminal drug distribution as to 11 patients and criminal endangerment as to 9 patients, wrongly convicted of negligent homicide for overdose deaths of 2 patients… Langton affirmed, reversed. [Read more…]
Jail strip searches, constitutional/statutory challenges
JAIL STRIP SEARCHES: L&C Co. policy of suspicionless strip searches of everyone detained for traffic or minor offenses and placed in general population not violative of Art. II §§ 10 or 11, but violates plain language of §46-5-105 (2013), remanded for summary judgment on this issue for the 92 Plaintiff/Appellants… McMahon affirmed, reversed. [Read more…]
Surreptitious recording of child in bathroom
SURREPTITIOUS RECORDING: Colloquy admission of surreptitiously photographing a 14-year-old girl in the bathroom sufficient factual basis to infer that Defendant was photographing someone engaged in “sexual conduct” including “defecation or urination for the purpose of the sexual stimulation of the viewer” and not merely conduct such as taking medication… postconviction petition properly denied without a hearing… Menahan affirmed (IOR I-3(c)). [Read more…]
Restitution, tool thefts, Information v. offer of proof
RESTITUTION: $46,975 properly imposed for theft of tools based on Alford plea, Information alleging value in excess of $5,000, and State’s offer of proof of $49,090… Rienne McElyea affirmed (IOR I-3(c)). [Read more…]
Stalking, prison inmate’s letters
STALKING: Despite erroneous omission of instruction defining “purposely” and “knowingly,” jury had compelling evidence that prison inmate’s letters would cause recipient to fear for her safety or suffer emotional distress… conviction affirmed… Manley affirmed (IOR I-3(c)). [Read more…]
Defense verdict, police shooting, warrantless entry
VERDICT: Defense, police shooting, alleged unconstitutional warrantless entry/negligence. [Read more…]
CERCLA, $28,850,936 judgment, E. Helena lead smelter
CERCLA: $28,850,936 judgment as share of East Helena lead smelter Superfund Site response costs affirmed in part, reversed in part… Christensen affirmed, reversed. [Read more…]
Settlements
Plan I
Shelly Cormier, back/hip, 2/17, Libby Public Schools, Cormier alleges that as a result of the work injury she has CRPS which has spread to several extremities, disputes as to liability for certain medical benefits, domiciliary, PTD, $650,112 for all claims ($594,174 MSA, $239,773 to Cormier and her attorney), stipulated judgment; Kenneth Thomas for Cormier, Morgan Weber for MSGIA [Read more…]
Contract, $136,867.92, ambiguous investment agreement
CONTRACT: $136,867.92 judgment properly awarded Plaintiff in dispute over ambiguous investment agreement but no basis for award of $55,000 to Defendant… remanded for further consideration of fees for Defendant prevailing on claim that Plaintiff denied access to financial information… Eddy affirmed, reversed. [Read more…]
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