INSURANCE: Insurer correctly held to have breached duty to defend State for injury/death claims resulting from Libby asbestos… rulings that led to $97,833,193.93 judgment against insurer upheld except as to qualifying “occurrences” and coverage for claimants exposed to asbestos prior to policy period… Holly Brown affirmed, reversed. [Read more…]
Archives for November 2021
Drugs/child endangerment, proof that substance was meth
DRUGS/CHILD ENDANGERMENT: Sufficient evidence for jury to find that untested substance provided to teen was meth… Defendant’s right to opportunity for allocution properly satisfied… convictions affirmed… Parker affirmed. [Read more…]
PFMA, “sharp practice” “set trap,” strangulation denial
PFMA: Prosecutor engaged in “sharp practice” to “set the trap” to bring in undisclosed former girlfriend who was sitting in courtroom as rebuttal to professional band member’s denial of ever strangling anyone… testimony was error but jury saw through State’s tactics and not grounds for reversal as it did not arouse the jury’s hostility such that there is a possibility that Defendant was convicted on anything other than the permissible evidence… conviction affirmed… Vannatta affirmed. [Read more…]
Restitution, murder victim’s father’s trial expenses
RESTITUTION: Murder victim’s father’s affidavit of loss is unclear what part of his restitution sought is attributable to expenses incurred while subpoenaed as trial witness and for which the County would be responsible… remanded for clarification… Allison reversed. [Read more…]
Hearing aid benefits beyond 60-month termination
Claim of entitlement to hearing aid benefits beyond 60-month rule termination not ripe for trial… Sandler. [Read more…]
Settlements
Plan I
Steven Staal, left leg, 1/19, FedEx, Bozeman, FedEx accepted liability, paid all benefits due & owing, Petitioner injured left ankle and neck in a motorcycle accident in 6/20, disputes as to whether it was a material aggravation of the job injury, wage loss, nature & extent of injury, need for future treatment, $155,000 for all claims, stipulated judgment; Stacy Tempel-St. John for Staal, Charlie Smith for FedEx [Read more…]
Retaliation, RIFed DOC manager
RETALIATION claim by RIFed DOC manager rejected… Administrative Decision… Caroline Holien. [Read more…]
Administrative procedures, judicial review v. mandamus
ADMINISTRATIVE PROCEDURES: Pain doctor’s petition for judicial review of discipline properly dismissed as untimely, not entitled to equitable tolling, mandamus inapplicable… Abbott affirmed (memorandum). [Read more…]
Appellate mediation, Board with full authority to settle
APPELLATE MEDIATION: How Tank Release Board chooses to comply with Rule 7 vis-à-vis its concerns that sending a quorum with full settlement authority would implicate public meeting requirements is up to the Board, motion for clarification or waiver of self-executing Rule denied… order. [Read more…]
DUI, circumstantial evidence instructions, prior DUI
DUI: Proper circumstantial evidence instruction given at trial of intoxicated man found sleeping in vehicle in snowbank… 2004 DUI properly found constitutionally firm to support felony enhancement… Menahan affirmed (memorandum). [Read more…]
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