The Weekly Digest of Montana Law
By lilly
Plan I
Tanya Archer, right lower extremity, 2/18, Flathead Co., Benefis accepted liability, paid benefits, dispute as to PPD and voc-rehab, $100,000 new money for all claims, stipulated judgment; Dean Blackaby for Archer, Abbie Cziok for Benefis Health System [Read more…]
By lilly
INVERSE CONDEMNATION claims stemming from breach of massive fish pond allegedly caused by road construction precluded by collateral estoppel of case in which Plaintiff pond owners were Defendants in suit by lower property owners… Wilson affirmed. [Read more…]
By lilly
ESTOPPEL BY ENTRAPMENT defense not applicable to revocation of roadside menagerie permit over claim that operator should have been given chance to correct violations… McMahon affirmed. [Read more…]
By lilly
SEXUAL HARASSMENT: HRB’s finding of unlawful harassment improperly reversed based on alleged hearsay testimony of observations of Plaintiff’s demeanor and reaction in he-said/she-said case… $25,894.76 damages award properly affirmed… Holien affirmed, Souza reversed, affirmed (memorandum). [Read more…]
By lilly
MARITAL: Rulings upholding PMA and rejecting counterclaims grounded in breach of promise to marry by Canadian judge who took semi-retirement to marry wealthy Bozeman businessman affirmed… $97,600 fees at $380/hr properly awarded judge’s attorney for enforcement of PMA in “War of Roses”… Best affirmed (memorandum). [Read more…]
By lilly
THEFT charge not supported by sufficient evidence, should have been dismissed at conclusion of evidence… Parker reversed (memorandum). [Read more…]
By lilly
WRONGFUL DISCHARGE: Numerous fact issues preclude summary judgment as to whether County employee should be barred from suing for failing to follow internal appeal process… Ruiz. [Read more…]
By lilly
EASEMENT: Challenge to express easement that was matter of public record, clearly depicted, referred to in multiple public documents rejected, but Defendant not entitled to equitable attorney fees as Plaintiffs had to engage legal process to enjoin Defendant/dominant tenement’s construction of new entryway gate with large triple posts and contemplated arch which impedes access to easement and impairs viewshed… gate structure ordered removed, ground restored… Ulbricht. [Read more…]
By lilly
DOMESTIC ABUSE: Doctors’ testimony that wife said her husband was the one who attacked her erroneously admitted but harmless error… Morris affirmed (memorandum). [Read more…]
By lilly
Petitioner claiming OD in employment as a comp adjuster for Sedgwick entitled to Sedgwick’s entire file because documents in Intermountain’s file suggest that Sedgwick is actively involved in adjusting the claim from Kentucky and supervising & directing Intermountain’s Montana adjusters and acting as more than mere “payment clerk”… if the Intermountain adjusters disclosed communications from Hartford’s attorney to Sedgwick, attorney-client and work-product privileges have been waived… Sandler. [Read more…]