Montana Law Week

The Weekly Digest of Montana Law

Archives for June 2021

Settlements

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Plan I

Terri Scarbro, Guillain-Barre Syndrome, 1/15, Food Service Technician, Benefis Hospital, Benefis accepted claim, paid benefits, all claims except medical settled for $148,000 in 2/18, dispute as to ongoing medical, Benefis concedes that Petitioner is PTD and entitled to ongoing medical, concession does not preclude seeking to prove that she has a change of condition for the better and therefore is not PTD for medical entitlement, the parties agree that the 5-year medical closure rule does not apply to PTD claimants so she is not currently required to petition to reopen medical, Petitioner reserves all arguments for ongoing medical if Benefis raises a change of condition argument, stipulated judgment; Tommy Murphy for Scarbro, Andrew Adamek for Benefis Health System [Read more…]

Sexual abuse of children, 9-year-old dance around pole

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SEXUAL ABUSE OF CHILDREN: Video of forensic interview of 9-year-old improperly admitted as prior consistent or inconsistent or mixed hearsay exceptions but error harmless in light of untainted evidence that stepfather forced her to dance around pole like her exotic dancer mother in her underwear while his penis got bigger and he “adjusted” his own underwear… Prosecutor’s closing arguments do not warrant reversal under plain error… lifetime satellite monitoring by DOC where victim is under 12 facially constitutional… conviction with sentence of 100-year prison term all but 20 years suspended affirmed… Halligan affirmed. [Read more…]