Montana Law Week

The Weekly Digest of Montana Law

Archives for 2021

$56,704,559 Risk Corridors payments to Montana co-op

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AFFORDABLE CARE ACT: US required to pay Montana Health CO-OP $56,704,559.42 as full amount of Risk Corridors Program payments owed under ACA… appropriations rider could not reduce the obligation after MHC relied on RCP payments to enter the exchange… judgment under Tucker Act following US Supreme Court ruling in parallel cases… Wolski. [Read more…]

Emotional distress, personal property damage/loss

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EMOTIONAL DISTRESS: Parasitic emotional distress damages not available for negligence claim for personal property damage or loss… certified question answered for 9th Circuit… $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 “reversed”… Molloy “reversed.” [Read more…]

Sentencing, jail credit confusion clarified

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SENTENCING: Defendant on parole at time of endangerment charge entitled to pre-sentence jail credit pursuant to §46-18-201(9) (2017) based solely on the record of the offense for which he is being sentenced and without regard to whether he is “incarcerated on a bailable offense”… remanded to credit 489 days jail time… Kutzman reversed. [Read more…]