Montana Law Week

The Weekly Digest of Montana Law

Archives for 2021

Settlements

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Plan I

Kenneth Vogel, low back, 1/12, City of Cut Bank, MMIA accepted liability, disputes as to certain future treatment, $75,000 for all claims ($42,349 to Petitioner and his attorney which includes $5,653 seed money for self-administered MSA which Petitioner chose over MMIA’s offer of professional administration, Petitioner agrees to indemnify and hold MMIA harmless for any obligations arising from his failure to fully fund or appropriately self-administer MSA), stipulated judgment; Ross Johnson for Vogel, Morgan Weber for MMIA [Read more…]

Easement/attorney fees, rescission of fee award

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EASEMENT/ATTORNEY FEES: No error in sua sponte ordering easement claimants to survey metes & bounds in 1987 easement grant to clarify location of easement in relation to post-judgment dispute, but error to not clarify the 2016 judgment and easement on motion for clarification in accordance with law of the case established in first appeal and error to rescind 2016 fee award because 1987 easement and related 2016 judgment determined to be “useless” and deny fees incurred in defending 2016 judgment in first appeal as “necessary & proper” declaratory relief… no fees for this appeal of motion to enforce declaratory judgment… Cybulski affirmed, reversed. [Read more…]