EXPUNGEMENT of 1989 conviction of possession of over 60 grams of marijuana from home grow properly denied… Todd affirmed. [Read more…]
Archives for November 2021
Revocation, “non-compliance” protection order violation
REVOCATION: Defendant’s deferred misdemeanor sexual assault sentence properly revoked for “non-compliance” violation by driving within no-go zone of order of protection even though he was acquitted of violating the order… Pope not manifestly wrong or distinguishable… until Legislature remedies the confusing omission of misdemeanor revocation processes courts must derive their authority to revoke misdemeanor sentences from §46-18-203(7)(a)(iii) (2017)… Jenks/Vannatta affirmed. [Read more…]
Attorney fees, $519,837, sexual harassment retaliation
ATTORNEY FEES: $519,837 fees, $48,258.44 costs, awarded sexual harassment/retaliation Plaintiff who obtained $1,631,834.60 judgment… Defendant’s attorney sanctioned for “underhanded tactics” as to Plaintiff’s cost memorandums, hearing set to determine whether $2,200 voluntarily paid for fees incurred as result of vexatious conduct is adequate… Laird. [Read more…]
City refusal to annex farmland for development, “taking”
REFUSAL TO ANNEX: City’s refusal to annex and provide services to farmland which owner wishes to develop did not amount to constitutional taking… Kutzman. [Read more…]
Insurance, failure to notify insurer of dog injury suit
INSURANCE: Failure to notify auto insurer of dog injury suit precludes liability for $475,000 consent judgment, notice-prejudice rule not applicable merely because insurer would have changed coverage decision had it been notified of suit… Morris affirmed (memorandum). [Read more…]
Attorney practice, “snide briefing,” “collegial bar,”
ATTORNEY PRACTICE: Motion to dismiss because pleadings were incomplete or illegible dismissed as moot following updated service but counsel admonished that there are simpler ways to deal with problems in a collegial bar than filing snide briefing or unnecessary although technically correct motions… Molloy. [Read more…]
Settlements
Plan I
Tannor Bertino, low back, 6/21, Dillon Albertsons, Albertsons did not accept liability but placed claim under §608 and paid appropriate benefits, disputes include compensability of claim, causal connection between current conditions and alleged workplace injury, nature & extent of alleged injury, sequela of alleged injury, whether the insurer at risk for Petitioner’s 12/19 low-back claim remains liable for current conditions, Petitioner’s need for past, current, or future treatments in connection with alleged workplace injury, $22,500 for all claims, stipulated judgment; Richard Martin for Bertino, Thomas Harrington for Albertsons Companies [Read more…]
Insurance, UIM, motorcyclist, unattainable condition
INSURANCE: UIM improperly denied motorcyclist with 3 other vehicles with UIM who was unable to satisfy coverage condition because insurer did not insure motorcycles in Montana… MP properly denied under policy terms which do not include motorcycles… Todd reversed, affirmed. [Read more…]
Wrongful discharge, technology manager, grievance
WRONGFUL DISCHARGE claim properly rejected for failure to exhaust grievance procedures in documents handed to managerial employee at time of firing… leave properly denied to add age discrimination as futile but on different grounds… Rienne McElyea affirmed. [Read more…]
SIWC, teens “Nervous Touch” game
SIWC BY YOUTH: Instruction to consider youth characteristics properly rejected as appropriate only for sentencing, not culpability… instruction on age of consent to support 14-year-old Defendant’s theory that 16-year-old alleged that she had withdrawn consent in game of “Nervous Touch” to avoid being charged herself properly rejected… sufficient evidence to convict Defendant of SIWC… Murnion affirmed. [Read more…]