Because Court need not make a finding of amount of comp to be paid in future to find whether Claimant has presently been made whole, insurer’s reserve information is irrelevant, not discoverable by Claimant resisting subrogation on $7,875,000 tort settlement… Sandler. [Read more…]
Archives for 2021
Settlements
Plan I
Robert Sorenson, low back, 4/18, St. Patrick Hospital, Missoula, PHS accepted liability, paid undisputed benefits, disputes as to nature & extent of injury, causal connection between workplace injury and current lumbar condition, extent and consequences of failure to comply with recommended treatment, need for future treatments, entitlement to additional benefits, $63,000 for all claims, stipulated judgment; Bradley Jones for Sorenson, Thomas Harrington for Providence Health & Services [Read more…]
Mootness, condo homeowner association split
MOOTNESS: Condo homeowners’ suit challenging split of the Association properly dismissed as moot after developer revoked split amendment, voluntary cessation exception to mootness properly not applied… neither party prevailing for attorney fees… Rienne McElyea affirmed. [Read more…]
Failure to prosecute 2007 horse injury suit
FAILURE TO PROSECUTE: 2007 horse injury suit properly dismissed for inaction… Menahan affirmed (memorandum). [Read more…]
Campaign finance, COPP subpoena power
CAMPAIGN FINANCE: COPP may subpoena witnesses but must seek court authority to subpoena documents… McMahon affirmed. [Read more…]
Attorney discipline, failure to respond to ODC
ATTORNEY DISCIPLINE: Request for interim suspension for failure to respond to requests from ODC denied for failure to give adequate notice… order. [Read more…]
Insurance, breast cancer med-mal coverage
INSURANCE: Coverage of breast cancer med-mal claim precluded by failure to timely notify insurer as to one policy and prior-knowledge exception as to other… Cavan/Watters affirmed (memorandum). [Read more…]
SSD, able to work, medical appointments inability
SSD: Claimant properly found able to work but further consideration required as to extent time attending medical appointments inhibits ability to work… Kelley/DeSoto affirmed, reversed (memorandum). [Read more…]
Career offender, federal/Montana drug laws
CAREER OFFENDER enhancement improperly applied to meth distribution Defendant because Montana cocaine conviction is not a “controlled substance offense” under Guidelines… Watters reversed (memorandum). [Read more…]
Jury, knowledge of meth Defendant’s criminal history
JURY: Juror who admitted knowledge of Defendant’s criminal history 2nd day of trial not grounds to overturn meth convictions… Christensen affirmed (memorandum). [Read more…]
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