The Weekly Digest of Montana Law
By lilly
Plan I
John Martelli, shoulders OD, 11/18, Sweetgrass Co., Stillwater initiated benefits subject to §608, Petitioner underwent shoulder replacements and has good recovery, treating physician has determined MMI, disputes as to state of limitations, medical causation, PTD status, $100,000 for all claims, stipulated judgment; Bernard Everett for Martelli, Joe Maynard for Stillwater Mining [Read more…]
By lilly
NONCOMPETE COVENANT: $2,353,463 damages properly awarded against CPAs who left with client list to start new firm, jointly & severally rather than individually (thinly-veiled attempt to invalidate Covenant as grossly unreasonable)… prejudgment interest properly awarded except 1 month too soon… discovery sanctions properly denied… Eddy affirmed. [Read more…]
By lilly
MALICIOUS PROSECUTION and other claims against County stemming from unfounded complaint of operating as accountant without a license in racially charged situation properly dismissed for failure to state a claim… Oldenburg affirmed (IOR I-3(c)). [Read more…]
By lilly
RIVER ACCESS: Conveyance metes & bounds properly interpreted as intent by donor as meander line giving public access to Bitterroot River… Deschamps affirmed. [Read more…]
By lilly
MENTAL COMMITMENT: Issue of medical v. mental condition properly resolved by mental professional’s own diagnosis, not just reliance on other professionals… McMahon affirmed (IOR I-3(c)). [Read more…]
By lilly
STUDENT LOAN: State law claims against loan servicer alleging failure to accurately account for payments for purposes of Public Service Loan Forgiveness not preempted by Higher Education Act… McMahon reversed. [Read more…]
By lilly
NECESSARY PARTY: Supervisory control of Bidegaray denied as to refusal to dismiss Board of Environmental Review from mining permit case… order. [Read more…]
By lilly
BAR ADMISSION: Petition for COVID diploma admission or additional safety measures during July exam denied… order. [Read more…]
By lilly
PFO: 1994 federal bank robbery not reasonably equivalent to 2014 Montana robbery to qualify as predicate violent offense for PFO enhancement… remanded for resentencing… Moses reversed. [Read more…]
By lilly
Plan I
Kenneth Luntsford, right foot, 4/19, Smith’s Food & Drug, Kalispell, disputes as to wage loss, causation, nature & extent of injury, need for future treatment, $24,597 for all claims, stipulated judgment; Wayne Olson for Luntsford, Charlie Smith for The Kroger Co. [Read more…]