YOUTH: Jurisdiction over youth given both juvenile and adult sentences under EJPA for possession of explosives when 16 lost when youth turned 25 with no explicit transfer to District Court… revocation at age 27 of suspended part of sentence stemming from violations of original conditions vacated… Langton reversed. [Read more…]
Archives for July 2021
UEF claimant’s medical records protected
Purported employer not entitled to claimant’s medical records from UEF… Sandler. [Read more…]
Settlements
Plan I
Larry McQueen, ARD, through 1/94 with Louisiana Pacific, LP denied claims, disputes as to whether Petitioner timely filed, whether he was exposed to asbestos in a work setting, and/or which insurer may be liable, LP has not paid medical or indemnity, $65,000 for all claims, stipulated judgment; Dean Blackaby for McQueen, Todd Hammer for LP [Read more…]
Breach of forbearance, seizure of funds, $26,374,576.13
BREACH OF FORBEARANCE: $26,374,576.13 judgment for wrongful seizure of funds from start-up office products business affirmed EXCEPT $7,535,593.18 attorney fees erroneously awarded under Montana law when Michigan law does not allow contract reciprocity fees… Dayton affirmed, reversed. [Read more…]
Memorandum opinions, issues noted, analysis kept brief
MEMORANDUM OPINION: Entire record, briefs, arguments considered but analysis kept brief as Memorandum Opinion relied on existing law, did not establish precedent… rehearing of landlord/tenant Opinion denied… order. [Read more…]
Child sex abuse, juror bias, “educational” testimony
CHILD SEX ABUSE: Claim of ineffective assistance for not sufficiently challenging panelist who subsequently served as foreman regarding bias more amenable for postconviction… sex abuse expert’s “educational” testimony does not warrant plain error review of claim that it undermined Defendant’s presumption of innocence… Judge’s answer to jury’s query as to what to do if jurors cannot come to unanimous decision on 3 counts without consulting the parties was not prejudicial or was harmless… convictions affirmed… Seeley affirmed. [Read more…]
Sentencing, jail time as part of deferred imposition
SENTENCING: Jail time properly imposed as part of deferred imposition for paraphernalia… Walker/Todd affirmed. [Read more…]
Arbitration, discharged Montana pilot, Arizona employer
ARBITRATION: Arbitration agreement in employment contract of discharged Montana pilot employed by Arizona company to transport deported illegals valid and enforceable, with arbitration in Arizona under Arizona or federal law… Berger. [Read more…]
$65,530,500 verdict, failure to release hemp crop
VERDICT: $65,530,500 ($9,530,500 for negligence, negligent misrepresentation, fraud, deceit, $56 million punitives), failure to release hemp crop to 19 farmers. [Read more…]
Arbitration, Health Care Sharing Ministry, “insurance”
ARBITRATION: Health care sharing ministry Member Guide is an insurance contract… Montana law prohibits arbitration clauses in insurance contracts and the McCarren-Ferguson Act reverse-preempts the FAA… HCSM providers’ motions to compel arbitration denied…. Haddon. [Read more…]