INVERSE CONDEMNATION claims stemming from breach of massive fish pond allegedly caused by road construction precluded by collateral estoppel of case in which Plaintiff pond owners were Defendants in suit by lower property owners… Wilson affirmed. [Read more…]
Archives for May 2021
Estoppel by entrapment, roadside menagerie permit
ESTOPPEL BY ENTRAPMENT defense not applicable to revocation of roadside menagerie permit over claim that operator should have been given chance to correct violations… McMahon affirmed. [Read more…]
Sexual harassment, $25,894.76, hearsay as to demeanor
SEXUAL HARASSMENT: HRB’s finding of unlawful harassment improperly reversed based on alleged hearsay testimony of observations of Plaintiff’s demeanor and reaction in he-said/she-said case… $25,894.76 damages award properly affirmed… Holien affirmed, Souza reversed, affirmed (memorandum). [Read more…]
Marital, PMA, “breach of promise to marry”
MARITAL: Rulings upholding PMA and rejecting counterclaims grounded in breach of promise to marry by Canadian judge who took semi-retirement to marry wealthy Bozeman businessman affirmed… $97,600 fees at $380/hr properly awarded judge’s attorney for enforcement of PMA in “War of Roses”… Best affirmed (memorandum). [Read more…]
Theft, insufficient evidence
THEFT charge not supported by sufficient evidence, should have been dismissed at conclusion of evidence… Parker reversed (memorandum). [Read more…]
Wrongful discharge, County employee, internal appeal
WRONGFUL DISCHARGE: Numerous fact issues preclude summary judgment as to whether County employee should be barred from suing for failing to follow internal appeal process… Ruiz. [Read more…]
Easement, large gateway built by dominant tenement
EASEMENT: Challenge to express easement that was matter of public record, clearly depicted, referred to in multiple public documents rejected, but Defendant not entitled to equitable attorney fees as Plaintiffs had to engage legal process to enjoin Defendant/dominant tenement’s construction of new entryway gate with large triple posts and contemplated arch which impedes access to easement and impairs viewshed… gate structure ordered removed, ground restored… Ulbricht. [Read more…]
Domestic abuse, doctors’ hearsay husband was attacker
DOMESTIC ABUSE: Doctors’ testimony that wife said her husband was the one who attacked her erroneously admitted but harmless error… Morris affirmed (memorandum). [Read more…]
Injured adjuster, Kentucky employer, claim file
Petitioner claiming OD in employment as a comp adjuster for Sedgwick entitled to Sedgwick’s entire file because documents in Intermountain’s file suggest that Sedgwick is actively involved in adjusting the claim from Kentucky and supervising & directing Intermountain’s Montana adjusters and acting as more than mere “payment clerk”… if the Intermountain adjusters disclosed communications from Hartford’s attorney to Sedgwick, attorney-client and work-product privileges have been waived… Sandler. [Read more…]
Settlements
Plan I
Aaron Hilbig, low back, 3/20, Great Falls Sanitation Division, MMIA never accepted liability but paid benefits under reservation per §608, disputes as to medical causation and entitlement to further medical and indemnity, $85,000 new money for all claims, stipulated judgment; Thomas Murphy for Hilbig, Morgan Weber for MMIA [Read more…]
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