The Weekly Digest of Montana Law
By lilly
Plan I
Doug Armstrong, multiple, 3/13, Dick Anderson Const., MCCF accepted liability, paid benefits, disputes as to indemnity, medical, voc-rehab, whether cervical myelopathy was caused by the 3/13 accident, $95,000 new money for all claims, Petitioner responsible for funding/administering $7,592 MSA, stipulated judgment; Megan Miller for Armstrong, Oliver Goe for MCCF [Read more…]
By lilly
SEX DISCRIMINATION/RETALIATION hostile work environment claims by casino employee involving single incident of assault by co-worker and rape “joke” by employer rejected… Administrative Decision… Chad Vanisko. [Read more…]
By lilly
INSURANCE: Water damage to RV wall constitutes covered “sudden damage” under policy language… Vannatta reversed. [Read more…]
By lilly
RAPE: Plain error review declined as to combined expert/lay testimony without cautionary instruction and failure to exclude Prosecutor from Gallagher hearing… no record-based evidence of ineffective assistance in failing to call Defendant’s requested witness or failure to elicit false sex claims statistics in light of assertion that teen lied about claim of 2003 anal rape… Best affirmed. [Read more…]
By lilly
BENCH JUDGMENT: $12,410,016.11 for 32-year-old suffering TBI from County snowplow running stop sign and slicing into her vehicle… Rienne McElyea. [Read more…]
By lilly
SSD/SSI: Claimant received notice of right to representation… ALJ did not violate duty to develop record by not obtaining records from a vocational program… ALJ improperly rejected claim that hand tremors were severe… Opp/Cavan affirmed, reversed (memorandum). [Read more…]
By lilly
SEX DISCRIMINATION: $61,725 fees, $4,301.34 costs plus prejudgment/post-judgment interest awarded following affirmation of MHRA award of $50,000 emotional distress damages for hostile work environment occasioned by conduct of “sex pest” toward gay female… Molloy. [Read more…]
By lilly
INSURANCE: Claims against mother of death shooter who was forbidden to possess firearms not covered by business policies… Cavan. [Read more…]
By lilly
VERDICT: Defense, ski wreck, TBI, fractured arm, fractured clavicle. [Read more…]
By lilly
Plan I
Ida Brinley, toes, 4/19, $1,000, Leslae Dalpiaz [Read more…]