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…]
Archives for 2021
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…]
Expungement of 2002 marijuana grow conviction denied
EXPUNGEMENT of 2002 marijuana grow conviction under I-190 properly denied because landlord had not granted permission for the grow… Ulbricht affirmed. [Read more…]
Ineffective assistance, murder/tampering search warrants
INEFFECTIVE ASSISTANCE claims by murder/tampering Defendant as to search warrants properly rejected… Todd affirmed (memorandum). [Read more…]
Prejudgment interest on $1,631,835 sexual harassment
PREJUDGMENT INTEREST at 8% from 10/22/19 awarded on sexual harassment/retaliation awards totaling $1,631,834.60… Laird. [Read more…]
Insurance, Policy Simplification Act question certified
INSURANCE: Question certified to Montana Supreme Court whether, when a policy that does not include a table of contents or notice section of important provisions in violation of Policy Simplification Act, the insurer may rely on unambiguous exclusions or limitations to coverage given that §33-15-334(2) provides that 337(2) is “not intended to increase the risk assumed under policies subject to” its requirements… order. [Read more…]
Quite Title Act statute of limitations, FS easement
Quiet Title Act: Challenge of public use of road across private land per FS easement properly dismissed based on statute of limitations… Christensen affirmed. [Read more…]
Title insurance, interests quitclaimed to trusts
TITLE INSURANCE lapsed after named insureds quitclaimed interests in property to trusts, no coverage of access claim by heirs… Cavan/Watters. [Read more…]
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