PRIVACY IN COMMUNICATIONS ACT not grounds for excluding order of protection Defendant’s phone call recorded by ex-boyfriend with no State involvement… request to overrule Long denied as no novel arguments offered… Kolar/Knisely affirmed (memorandum). [Read more…]
Archives for October 2021
Indemnification, home contractor, flooring subcontractor
INDEMNIFICATION not allowed by Defendant home contractor against flooring subcontractor who is not liable to Plaintiffs who never purchased the home in hardwood flooring case… Larson. [Read more…]
Foreign adoption, duty of care for “tortured” child
FOREIGN ADOPTION: Delaware/Illinois adoption agency had duty of care for Chinese child placed in Montana… Montana has personal jurisdiction over agency in suit alleging torture by Ranch for Kids… Morris. [Read more…]
False arrest, dismissed DUI of traffic stop “spectator”
FALSE ARREST claims against officer, City,and Prosecutor stemming from dismissed DUI arrest of traffic stop “spectator” dismissed on summary judgment… Cavan. [Read more…]
Settlements
Construction lien partial priority, unjust enrichment
CONSTRUCTION LIEN/UNJUST ENRICHMENT: Construction lien properly given priority over lender’s mortgage but only up to the $88,860 part of the loan allocated for construction… $93,650 for unjust enrichment properly awarded contractor against lender upon foreclosure sale… Allison affirmed. [Read more…]
Probate, widow’s statutory allowances, abatement devises
PROBATE: Trust assets correctly held to be nonprobate assets to be used to satisfy widow’s statutory allowances only to extent the probate estate is insufficient… estate properly found sufficient to satisfy statutory allowances through abatement of devises… Best affirmed. [Read more…]
Work comp, preexisting neuropathy
WORK COMP: On-job incidents properly held on summary judgment to have not caused more than temporary aggravations of preexisting neuropathy… Sandler affirmed (memorandum). [Read more…]
Intervention, shooting association, campus firearms
INTERVENTION by shooting association properly denied in Regents’ challenge to HB 102 regulating firearms on university campuses… supervisory control of McMahon denied… order. [Read more…]
Incest/sexual assault of young son, no double jeopardy
INCEST/SEXUAL ASSAULT: Sexual assault not lesser included of incest, convictions in relation to young son not violative of double jeopardy… contrary conclusion in Hall overruled, Sor-Lokken clarified, “without consent” applies in all sexual assaults regardless of age of victim… Berger affirmed. [Read more…]