DEFAULT: $3,457,920 default properly entered against prisoner for bar fight causing brain damage… drawing of penis with inflammatory comments on Acknowledgment not “solid denial in any language” sufficient to meet pleading requirements… J. Brown affirmed (IOR I-3(c)). [Read more…]
Archives for 2020
Attorney discipline, no supervisory control of COP
ATTORNEY DISCIPLINE: Supervisory control to bar COP from new complaint while attorney is on suspension denied… order. [Read more…]
Right to be present, right to represent self
RIGHT TO BE PRESENT/RIGHT TO REPRESENT SELF not denied burglary/theft/order of protection Defendant… Phillips affirmed. [Read more…]
Easement, landlocked river property
EASEMENT: Implied/prescriptive easements established over road through private river property for residential/recreation use for otherwise landlocked properties… Pinski. [Read more…]
Discovery, ATV death Defendants’ financial information
DISCOVERY: Motion to compel Defendants’ financial information in discovery stage of ATV death case granted, with protective order governing who may access it… Gilbert. [Read more…]
Insurance, stacking, certification
INSURANCE: Stacking of 3rd-party liability limits for assignees of rights properly denied pursuant to policy terms… certification to Montana Supreme Court not abuse of discretion… Christensen affirmed (memorandum). [Read more…]
Drugs, meth distribution conspiracy sentence
DRUGS: Meth distribution conspiracy sentence affirmed… Watters affirmed (memorandum). [Read more…]
Settlements
Plan II
Richard Viereck, lungs, 8/90, $100,000, Laurie Wallace
Greg Delarre, soft tissue, 12/18, $136,769, medical closed, Richard Martin [Read more…]
Insurance, MVA policy limits without release for insured
INSURANCE: An insurer does not breach duty to insured when it pays policy limits to 3rd-party without release for insured when liability for MVA and total damages are reasonably clear… certified question answered for Molloy. [Read more…]
Attorney fees, $10,052.70, police sex disclosures
ATTORNEY FEES: $10,052.70 properly awarded to newspaper and TV station for role in disclosure of officers disciplined for sex with City clerk… fees-for-fees and appeal fees denied… Harris affirmed. [Read more…]