Montana Law Week

The Weekly Digest of Montana Law

Archives for 2020

Discovery, vehicle rental company 30(b)(6) designees

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DISCOVERY: Vehicle rental company compelled to produce thoroughly educated & prepared 30(b)(6) designees to address topics listed in wrongful death Plaintiffs’ notices (all topics, not just topics specifically identified in Order, to avoid further pettifogging and taking a mile when given an inch), failure to provide knowledgeable designees shall be contempt of court… given Plaintiffs’ failure to specifically request what they now seek and that the materials were ultimately disclosed, sanctions under 37(c) are not appropriate, any other result would value the discovery motion more than the discovery… Molloy. [Read more…]

Settlements

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Plan I

Steve Melkoty, lumbar spine, 2/11, head, cervical spine, elbow, shoulder, 5/19, Bigfork School Dist., MSGIA accepted claims, paid benefits, claims for lumbar injuries in 1/15, 12/15, and 5/18 are included in this settlement, placed at MMI in 3/20, dispute as to extent of disability entitlement and additional treatment, $125,000 for all claims, stipulated judgment; Dean Blackaby for Melkoty, Morgan Weber for MSGIA [Read more…]

Pleadings, wind farm suit amendments, counterclaims

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PLEADINGS: Ranchers’ amendments to Answer in opposition to neighbors’ challenge to wind farm properly denied as untimely but counterclaims alleging abuse of process improperly dismissed with prejudice as compulsory, may be asserted in independent action… Oldenburg affirmed, reversed. [Read more…]

Political practices, ethics complaint, COPP interview

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POLITICAL PRACTICES: Ethics complaint against former COPP Motl based on election-eve radio interview statements regarding allegedly illegal disclosure by Rep. Tschida of his ethics complaint against Gov. Bullock properly dismissed based on conclusion that one reasonable interpretation was that they were in defense of a statute rather than opposition to Tschida’s reelection… Stutz/Rienne McElyea affirmed. [Read more…]