LEGAL MALPRACTICE: Summary judgment for attorneys as to claim of negligence in not preserving client’s wish to remain on ranch rent-free following sale premature despite client obtaining summary judgment on liability against buyer… Best reversed (memorandum). [Read more…]
Archives for August 2021
Foreclosure/vexatious litigant, issue/claim preclusion
FORECLOSURE/VEXATIOUS LITIGANT: Summary judgment properly granted to credit union as to all lending breach claims based on issue/claim preclusion, Plaintiff corporation properly declared vexatious litigant with filing restriction on corporation and shareholders… Allison affirmed (memorandum). [Read more…]
Mental commitment, involuntary medication, “close case”
MENTAL COMMITMENT of “renowned artist” to MSH with involuntary medication properly ordered in “close case” and disputed standard of review… Lint affirmed (memorandum). [Read more…]
Judge disqualification, “friend of family,” adverse ruling
JUDGE DISQUALIFICATION: No support for “friends of family” claim… dissatisfaction with rulings not grounds for disqualification… order. [Read more…]
Charging documents, “person of common understanding”
CHARGING DOCUMENTS: Although truncated and not supported by affidavit, misdemeanor citations for criminal trespass to vehicles and theft were sufficient that “a person of common understanding” could know what is intended to be charged… Seel/Rienne McElyea affirmed (memorandum). [Read more…]
Appeal, unpublished opinions, limited analysis
APPEAL: Unpublished opinions do not necessary contain detailed analysis of all issues but that does not mean the Court overlooked an argument or issue… petition for rehearing denied… order. [Read more…]
Black lung benefits, presumption of legal pneumoconiosis
BLACK LUNG BENEFITS: Montana coal miner successfully invoked 15-year presumption of legal pneumoconiosis (which has both medical and statutory definitions), coal company failed to rebut presumption, benefits properly awarded based on diagnosis of COPD from coal dust and smoking… ALJ Sellers affirmed. [Read more…]
Ineffective assistance, multiple sex offense prosecutions
INEFFECTIVE ASSISTANCE: Counsel’s failure to make multiple prosecution arguments that were successful in subsequent similar case not ineffective assistance per Montana Supreme Court’s determination that later decision was significant departure from prior jurisprudence… habeas properly denied… Watters affirmed (memorandum). [Read more…]
Officers shooting death, §§ 1983/2-9-305(5) immunity
OFFICERS SHOOTING: §1983 claim against City officers who killed erratic, aggressive, threatening person barred by qualified immunity… state law tort claims barred by MCA 2-9-305(5) immunity from individual liability… Cavan/Watters. [Read more…]
Verdict, defense, City liability in officers shooting death
VERDICT: Defense (49% liability by City, 51% by Decedent), officers shooting death. [Read more…]
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