Montana Law Week

The Weekly Digest of Montana Law

Archives for September 2021

Parenting, new husband (non-party), not subject to Court

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PARENTING: New husband (a non-party) improperly ordered to engage in family counseling… absent parent improperly allowed to contact children “regularly” contrary to mediated stipulation… future conflicts improperly subjected to mandatory mediation… tax dependency deductions properly split between the parties… Halligan reversed, affirmed. [Read more…]

Resisting arrest, claimed excessive force, officer’s file

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RESISTING ARREST: No abuse of discretion in denying in camera review of officer’s file for instances of excessive force where Defendant claims he was defending against unlawful assault… sufficient evidence that officer called in response to 911 stalking call was attempting to arrest Defendant and in any event there is never justification to use force simply because of being unaware of being arrested… Seel/Rienne McElyea affirmed. [Read more…]

Revocation, “firearms” not tested for operability

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REVOCATION: Defendant found with revolver and sawed-off shotgun in vehicle properly found in violation of no-firearm condition despite the firearms not being tested for operability as definition of “firearm” “turns on what the weapon is designed to do, not on whether it is capable of doing its job at the particular moment”… Ulbricht affirmed (memorandum). [Read more…]

$2,998.962.51, usurious merchant cash advance financing

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AVOIDANCE CLAIMS involving preference & usury claims arising from merchant cash advance financing of restaurants resolved in favor of Trustee… Trustee entitled to recover money in segregated account plus attorney fees for total judgment of $2,998,962.51 subject to conditional reduction of any imputed interest included in preference judgment… Holt. [Read more…]

Settlements

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Plan I

JoAnn Peters, knees, 11/19, housekeeper, St. John’s United Lutheran Ministries, Billings, MHN denied liability asserting that condition is not result of occupational exposure and did not occur in course & scope of employment, $54,000 new money for all claims, stipulated judgment; Leanora Overturf for Peters, Adrianna Potts for MHN [Read more…]