Summary judgment for insurer precluded by fact issue as to whether Petitioner with no memory suffered idiopathic fall onto level surface… Sandler. [Read more…]
Archives for 2020
Settlements
Plan I
Abigail Brown, knee, 9/18, $40,000, medical reserved, Stacy Tempel-St. John
Mark King, thumb, 11/17, $32,000, Richard Martin
Jaymz Partida, wrist, 3/19, $13,000, Leslae Dalpiaz [Read more…]
Personal jurisdiction, Penn. insurer, Montana hotels
PERSONAL JURISDICTION properly found over Pennsylvania insurer that refused to defend/indemnify Ohio hotel management company and Montana hotels in hotel employees’ service charge class action which settled for $4,031,519… contested appealability of denial of motion to dismiss for lack of personal jurisdiction resolved by deeming it a petition for supervisory control… Vannatta affirmed. [Read more…]
Dinosaur fossils, mineral reservation “minerals”
DINOSAUR FOSSILS do not constitute “minerals” for purpose of mineral reservation under Montana law… answer to 9th Circuit certified question. [Read more…]
House contract, $135,000 verdict
HOUSE CONSTRUCTION CONTRACT: $135,000 verdict for breach of contract with builder affirmed… Gilbert affirmed (IOR I-3(c)). [Read more…]
Parental rights, Mother’s rights, child with Father
PARENTAL RIGHTS of Mother improperly terminated as to child residing with its father… Best reversed. [Read more…]
Attempted deliberate homicide/tampering, stabbing
ATTEMPTED DELIBERATE HOMICIDE/ TAMPERING: Stabbing and disposing of knife convictions affirmed… Kutzman affirmed. [Read more…]
DUI, vehicle going through yellow-to-red light
DUI: Trooper’s observation of vehicle going through yellow to red light sufficient particularized suspicion for investigative stop where onboard video was inconclusive… DUI conviction affirmed… Wood/Reynolds affirmed (IOR I-3(c)). [Read more…]
DUI, vehicle stuck in mud along RR tracks
DUI: Vehicle stuck in mud alongside railroad tracks did not “materialize out of thin air,” properly found by circumstantial evidence to have been driven from road quarter mile away… Justice Court trial record reconstructed on appeal due to failed recording… jail/suspended time in written judgment inverted from oral pronouncement… Hummel/Allison affirmed, reversed (IOR I-3(c)). [Read more…]
Indians, RV park access over Big Arm townsite street
INDIANS: County lacks jurisdiction to grant proposed RV park access over street in the former Big Arm townsite on Flathead Reservation… Christensen. [Read more…]
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