The Weekly Digest of Montana Law
By lilly
Plan I
Larry McQueen, ARD, through 1/94 with Louisiana Pacific, LP denied claims, disputes as to whether Petitioner timely filed, whether he was exposed to asbestos in a work setting, and/or which insurer may be liable, LP has not paid medical or indemnity, $65,000 for all claims, stipulated judgment; Dean Blackaby for McQueen, Todd Hammer for LP [Read more…]
By lilly
BREACH OF FORBEARANCE: $26,374,576.13 judgment for wrongful seizure of funds from start-up office products business affirmed EXCEPT $7,535,593.18 attorney fees erroneously awarded under Montana law when Michigan law does not allow contract reciprocity fees… Dayton affirmed, reversed. [Read more…]
By lilly
MEMORANDUM OPINION: Entire record, briefs, arguments considered but analysis kept brief as Memorandum Opinion relied on existing law, did not establish precedent… rehearing of landlord/tenant Opinion denied… order. [Read more…]
By lilly
CHILD SEX ABUSE: Claim of ineffective assistance for not sufficiently challenging panelist who subsequently served as foreman regarding bias more amenable for postconviction… sex abuse expert’s “educational” testimony does not warrant plain error review of claim that it undermined Defendant’s presumption of innocence… Judge’s answer to jury’s query as to what to do if jurors cannot come to unanimous decision on 3 counts without consulting the parties was not prejudicial or was harmless… convictions affirmed… Seeley affirmed. [Read more…]
By lilly
SENTENCING: Jail time properly imposed as part of deferred imposition for paraphernalia… Walker/Todd affirmed. [Read more…]
By lilly
ARBITRATION: Arbitration agreement in employment contract of discharged Montana pilot employed by Arizona company to transport deported illegals valid and enforceable, with arbitration in Arizona under Arizona or federal law… Berger. [Read more…]
By lilly
VERDICT: $65,530,500 ($9,530,500 for negligence, negligent misrepresentation, fraud, deceit, $56 million punitives), failure to release hemp crop to 19 farmers. [Read more…]
By lilly
ARBITRATION: Health care sharing ministry Member Guide is an insurance contract… Montana law prohibits arbitration clauses in insurance contracts and the McCarren-Ferguson Act reverse-preempts the FAA… HCSM providers’ motions to compel arbitration denied…. Haddon. [Read more…]
By lilly
Hours claimed worked but not paid not includable as “actual wages” for calculation of “average actual earnings” under §123(1)(b)… half of $40,000 settlement of backpay and sexual harassment claims for “alleged emotional distress damages” likewise not includable as “actual wages”… Sandler. [Read more…]
By lilly
Plan I
Anthony Gabrielsen, low back, 10/19, Havre, MHA initiated all benefits due & owing, Petitioner achieved MMI, restrictions imposed, job descriptions approved, disputes as to need for further surgery, mental counseling, future medical, $148,960.50 new money for all claims, stipulated judgment; Kim Schulke for Gabrielsen, Andy Adamek for MHA [Read more…]