WRONGFUL DISCHARGE: Rehearing of Opinion holding that failure to give notice of medical marijuana use constituted good cause for discharge denied… order. [Read more…]
Archives for October 2021
Sexual assault of minors, shredded interview notes
SEXUAL ASSAULT: Shredding of notes of interviews with 7-year-old stepdaughters after entry into database not deliberate destruction of potentially exculpatory evidence… expert properly precluded from applying expertise to facts of case… conviction affirmed… Harris affirmed. [Read more…]
PFMA, replays of incriminating videos, deliberating jury
PFMA: Replays of videos of incriminating statements to the deliberating jury without notice to the parties constituted reversible error… felony conviction reversed, remanded for new trial… Cuffe reversed. [Read more…]
Sentencing, $3,025 extradition restitution, military income
SENTENCING: $3,025 restitution for extradition costs properly imposed on DUI/criminal endangerment Defendant whose only income is $3,000/mo Army disability… surrender of medical marijuana card properly ordered as related to alcohol addiction… Allison and Cuffe affirmed. [Read more…]
Emotional distress, $62,750 non-property vacated
EMOTIONAL DISTRESS: $62,750 verdict for “unspecified, non-property damages” stemming from theft from tire shop of vehicle containing gun, ammunition, documents with home address, house keys vacated following Montana Supreme Court answer to certified question… order. [Read more…]
Settlements
Plan I
Michael Mizenko, soft tissue, 6/17, disputed, $1,200, Stacy Tempel-St. John [Read more…]
RR diesel shop machinist, idiopathic spastic paraparesis
DISABILITY DISCRIMINATION: Net $477,138.25 award to RR diesel shop machinist with idiopathic spastic paraparesis affirmed except front pay for 12.84 years to intended retirement reduced from $377,952.26 to stipulated $348.458.81 based on 24 pay periods rather than 26… HRC internal disagreement on formula for calculating front pay… Holien mostly affirmed… HRC. [Read more…]
Preliminary injunction, oil/gas well site fencing
PRELIMINARY INJUNCTION requiring oil/gas operator to maintain fencing around well sites pending trial of suit by Landowners not supported by sufficient findings & conclusions… Ruiz reversed (memorandum). [Read more…]
Volunteer fire department, municipal v. private
VOLUNTEER FIRE DEPARTMENT properly found to be municipally owned, attempt to declare itself divested properly rejected… Murnion affirmed. [Read more…]
Marital, parenting plan amendment, child’s wishes
MARITAL: 2008 50/50 stipulated parenting plan properly amended to give full custody of 15-year-old to his mother over his wishes to live with his father… Gilbert affirmed (memorandum). [Read more…]
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