The Weekly Digest of Montana Law
By lilly
Plan I
Lori Nivens, thoracic spine, 1/13, knee, 8/13, eye, 12/14, spine/head, 10/19, Malta, MHN initiated all benefits due & owing, Petitioner has achieved MMI, impairment assigned, restrictions imposed, disputes as to MMI status, impairment, causation of wage loss, $55,000 for all claims, stipulated judgment; Kim Schulke for Nivens, Joe Maynard for MHN [Read more…]
By lilly
NURSING: Clinic nurse who prescribed increased Warfarin to patient who later died of heart attack shielded from personal liability by corporate shield, not liable under CPA for employer’s business practices… claims framed in ordinary negligence or “nursing malpractice” in attempt to avoid med-mal damages cap… Recht affirmed (memorandum). [Read more…]
By lilly
MEDICAL MALPRACTICE: Supervisory control of McElyea denied as to order to produce decedent’s cell phone for hospital’s expert to attempt to retrieve data for 2 days of hospitalization in case alleging death resulting from excessive medication… Petitioner’s request to “File Additional Information to Correct the Record” rejected as inappropriate under MRAP… order. [Read more…]
By lilly
ZONING: Amendment of Neighborhood Plan to allow commercial development properly upheld over spot-zoning claim but certain defined commercial uses improperly stricken… Ulbricht affirmed, reversed. [Read more…]
By lilly
APPELLATE DISQUALIFICATION: Rule of Necessity invoked to deny Legislature’s motion to disqualify Supreme Court Justices in test of Legislature’s power to issue investigative subpoenas in connection with alleged misconduct by Judiciary involving MJA poll relating to SB 140… disqualification would apply to every judge and justice in Montana, leaving no judge to adjudicate… opinion & order. [Read more…]
By lilly
DELIBERATE HOMICIDE: Conviction in trial that turned on who shot victim affirmed over challenges to evidence derived from warrants for residence, vehicles, phone, computer… Cuffe affirmed (memorandum). [Read more…]
By lilly
SENTENCING: $700 fine (35% of market value) for drug possession with intent to distribute properly imposed pursuant to plea agreement notwithstanding Ber Lee Yang… Cuffe affirmed (memorandum). [Read more…]
By lilly
SENTENCING: By stipulation, gang rape Defendant to be resentenced without the “two or more persons convicted” enhancement, Defendant arguing enhancement not applicable because adjudication of juvenile co-defendant did not constitute “convicted”… order. [Read more…]
By lilly
SENTENCING: Challenge of validity to nolo plea to sexual abuse of children rejected on basis that 2014 conviction is time-barred and habeas is not available to challenge legal sentence… Hansen and Hardin overruled to extent they failed to distinguish between illegal sentence and invalid plea. [Read more…]
By lilly
COMMUNITY DECAY/ZONING convictions against “auto sales/repairs businessman” for junk items and vehicles in Business District affirmed… Seykora/Wald affirmed (memorandum). [Read more…]