Archives for 2020

Marital, equalization payment, failure to refinance home

April 25, 2020 By lilly

MARITAL: Equalization payment properly awarded wife in accordance with prior decree after husband was unable to refinance home, wife failed to exercise purchase option, and it sold for less than valued in the decree… Allison affirmed. [Read more…]

Marital, Sheriff’s Retirement disability

April 25, 2020 By lilly

MARITAL: Sheriff’s Retirement System disability improperly divided as marital asset… Best reversed. [Read more…]

Appellate procedure, PERS unfunded actuarial liability

April 25, 2020 By lilly

APPELLATE PROCEDURE: Declaratory judgment regarding impact on PERS unfunded actuarial liability by county’s decision to privatize health center denied… order. [Read more…]

Work comp, “negligence per se” UEF denial jurisdiction

April 25, 2020 By lilly

WORK COMP: WCC has exclusive jurisdiction to consider claim of negligence per se in UEF’s denial of responsibility which allegedly caused Plaintiff harm… Vannatta. [Read more…]

Restoration damages, landowners’ smelter contamination

April 25, 2020 By lilly

RESTORATION DAMAGES: Landowners affected by smelter contamination are “potentially responsible parties” under CERCLA, need EPA approval to take independent remedial action… Montana Supreme Court affirmed as to jurisdiction, reversed on the merits. [Read more…]

Insurance, alleged bad faith settlement of death case

April 25, 2020 By lilly

INSURANCE: Motion by Plaintiff alleging bad faith settlement of vehicle death case to exclude certain testimony & opinions of insurer’s hybrid and retained experts mostly denied… Molloy. [Read more…]

Petitioner capable of 2 JAs not PTD

April 25, 2020 By lilly

Petitioner who is capable of performing 2 JAs is not PTD, not entitled to additional medical benefits under §704(1)(f)(ii)… Sandler. [Read more…]

Settlements

April 25, 2020 By lilly

Plan I

David Baker, shoulder(s), 4/11, $160,000, Laurie Wallace [Read more…]

Banking, hospital patient refunds via debit cards

April 18, 2020 By lilly

BANKING: Claims against hospital for issuing patient refunds via prepaid debit cards properly rejected on summary judgment… Todd affirmed. [Read more…]

Judge discipline, Harada suspended for 30 days

April 18, 2020 By lilly

JUDGE DISCIPLINE: Judge Harada is suspended without pay for 30 days for admitted violations of the CJCR related to her candidacy… opinion & order. [Read more…]