STATE PAY PLAN: Due process rights of attorneys challenging pay disparities violated by HO’s apparent perception of directive by BOPA in remand order, properly remanded for another hearing… Reynolds affirmed (IOR I-3(c)). [Read more…]
Archives for 2020
DUI, actual physical control of parked vehicle
DUI: Sufficient evidence that Defendant in parked pickup was in actual physical control while under influence… 4th DUI sentence should be credited with 311 days of pretrial incarceration… Olson affirmed, reversed (IOR I-3(c)). [Read more…]
Insurance bad faith, Vermont regulatory consent order
INSURANCE BAD FAITH: Vermont regulatory consent order relevant to UTPA/punitives claims… testimony of attorney in a similar case allowed to show identical pattern of conduct alleged in this case… Todd. [Read more…]
Admiralty jurisdiction, Holter Lake boating accident
ADMIRALTY JURISDICTION properly rejected for complaint for exoneration/limitation of liability for boating accident on Holter Lake… Haddon affirmed. [Read more…]
Article III standing, wrongfully withheld sales tax
ARTICLE III STANDING lacking in class suit against multi-level marketer who over-refunded wrongfully withheld sales tax before Plaintiff sued… DeSoto/Morris. [Read more…]
Settlements
Plan I
Scott Camp, knee, 8/06, hand, 10/12, wrist, 10/13, knee/low back, 2/19, near Big Timber, Stillwater initiated all benefits due & owing, Petitioner underwent knee and low back surgery, has achieved MMI for all injuries, an impairment has been assigned, job descriptions have been approved, dispute as to the most recent claim, $90,000 for all claims, stipulated judgment; Matthew Tourtlotte for Camp, Joe Maynard for Stillwater Mining [Read more…]
Choice of law, death of Montanan in ND oil field
CHOICE OF LAW: Montana law properly held to govern claims involving death of Montanan in ND oil field, federal decisions distinguishable… Rieger affirmed. [Read more…]
Intervention, $11 million loan judgment
INTERVENTION in quiet title action properly denied creditor who docketed judgment after Plaintiff’s $11 million judgment was docketed… Souza affirmed (IOR I-3(c)). [Read more…]
University professor contract termination
UNIVERSITY PROFESSOR contract termination claims properly rejected on summary judgment… J. Brown affirmed (IOR I-3(c)). [Read more…]
Return of evidence, laptop/cellphone, sex abuse claim
RETURN OF EVIDENCE: Further findings required to determine whether laptop and cellphone seized 7 years ago from daughter who accused father of sexual abuse should be returned to parents with data unaltered even though time for filing charges runs through 5/25… Reynolds reversed (IOR I-3(c)). [Read more…]
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