VEHICLE/CATTLE NEGLIGENCE: Summary judgment properly granted for ranchers for death of 10 heifers by truck plowing into herd being moved on highway… “flag person” properly interpreted as rancher in a pickup with hazards flashing on side of road… $46,478.25 fees properly awarded under §25-10-303 & 201 and as sanction for discovery abuses and spoliation (allowing truck to be destroyed)… $68,128.74 judgment including $20,528.29 for the heifers… Bidegaray affirmed. [Read more…]
Archives for May 2021
Judicial immunity, Justices/law clerks, appeal record porn
JUDICIAL IMMUNITY: Tort claims alleging Supreme Court Justices and law clerks improperly viewed sealed pornographic emails on fired Police Chief’s computer during City’s appeal of his $300,000 wrongful discharge verdict properly dismissed based on judicial immunity… Davies affirmed (memorandum). [Read more…]
Judge substitution upon reversal of summary judgment
JUDGE SUBSTITUTION: Municipal water condemnees improperly denied right of substitution upon reversal of summary judgment in attorney fees dispute… Townsend reversed. [Read more…]
Appealability, parenting contempt/sanctions, fees not yet
APPEAL PROCEDURE: Appeal from parenting dispute contempt & sanctions order premature as amounts not yet determined by Gilbert, but rather than dismiss, notice of appeal will be treated as filed on date of order determining amounts… Opinion & Order. [Read more…]
Drugs, Crime Lab meth thief, chain of custody
DRUGS: Cross of Crime Lab chemist as to involvement of predecessor who was discharged for stealing meth would have been proper under hearsay exception, but mere speculation about possible contamination under chain of custody law insufficient to require it… meth conviction affirmed… Kutzman affirmed. [Read more…]
Vehicular assault, hearsay from Trooper as to injuries
VEHICULAR ASSAULT: Hearsay from Trooper improperly admitted as the only substantive evidence of passenger’s injuries… evidence of driver’s injury and vehicle damage insufficient circumstantial evidence of passenger’s injuries, charge against driver should have been dismissed… H. Brown reversed. [Read more…]
Legislative subpoena, preliminary injunction for Rice
LEGISLATIVE SUBPOENA: Legislature preliminarily enjoined from subpoenaing Justice Rice for documents related to MJA SB 140 poll… request for stay for negotiations with Rice denied as Court would have to be “blind” not to see what “all others can seen and understand” that subpoena is a clash between branches over records of intense legislative political interest… McMahon. [Read more…]
Theft/official misconduct, deferred prosecution agreement
THEFT/OFFICIAL MISCONDUCT: Claim of breach of deferred prosecution agreement by county commissioner rejected, charges dismissed… Menahan. [Read more…]
Insurance, oilfield waste pollution, notice/misstatements
INSURANCE: Coverage and defense of oilfield waste pollution suits by Louisiana entities for activities in Montana precluded by failure to provide timely notice and by material misstatements in policy applications… Louisiana law applied in case transferred to Montana… Morris. [Read more…]
Settlements
Plan I
Lori Nivens, thoracic spine, 1/13, knee, 8/13, eye, 12/14, spine/head, 10/19, Malta, MHN initiated all benefits due & owing, Petitioner has achieved MMI, impairment assigned, restrictions imposed, disputes as to MMI status, impairment, causation of wage loss, $55,000 for all claims, stipulated judgment; Kim Schulke for Nivens, Joe Maynard for MHN [Read more…]
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