Archives for 2021

Road easement, county v. private

April 3, 2021 By lilly

ROAD EASEMENT: Road properly found to be private due to lack of public road by petition or prescriptive easement… Gilbert affirmed. [Read more…]

Road easement through subdivision

April 3, 2021 By lilly

ROAD EASEMENT: Claim of easement through subdivision properly rejected… Ulbricht affirmed (IOR I-3(c)). [Read more…]

Sentencing, presumption of deferred, meth possession

April 3, 2021 By lilly

SENTENCING: Presumption of deferred sentence for meth possession not overcome, suspended sentence improperly imposed… Cuffe reversed. [Read more…]

Plea withdraw, sex assault Defendant “coercion”

April 3, 2021 By lilly

PLEA WITHDRAWAL by child sex assault Defendant claiming coercion by counsel properly rejected… Souza affirmed (IOR I-3(c)). [Read more…]

Personal jurisdiction, Ford tire failure fatality

April 3, 2021 By lilly

PERSONAL JURISDICTION properly exercised over Ford in fatal rollover from tire failure in Montana… Best/Montana Supreme Court affirmed on cert. [Read more…]

SSD, arthritis, subjective pain

April 3, 2021 By lilly

SSD: Arthritis claim properly rejected, subjective pain claim improperly rejected… Kelley/Lynch affirmed, reversed (memorandum). [Read more…]

Child pornography, interstate commerce

April 3, 2021 By lilly

CHILD PORNOGRAPHY: Connection to interstate commerce not required for production charge… Morris reversed (memorandum). [Read more…]

Insurance, home defects, “real estate sale” exclusion

April 3, 2021 By lilly

INSURANCE: Coverage under homeowners or umbrella policies for damages claimed by buyers of house whose trusses had been modified to expand living area precluded by “real estate sale,” “owned property” exclusions… insurer that defended under reservation entitled to recoup defense costs… Cavan. [Read more…]

Settlements

April 3, 2021 By lilly

Plan I

Jan Siderakis, cervical sprain, 5/05, Havre Albertsons, Albertsons accepted liability, paid undisputed benefits, right upper extremity, 10/07, New Albertsons denied liability, dispute as to nature & extent of injuries, causal connection between injury and sequela to cervical spine, potential wage loss, need for future treatments, additional benefits, $90,000 for all claims, stipulated judgment; Leanora Coles for Siderakis, Thomas Harrington for Albertsons [Read more…]

Wrongful discharge, grievance tolling of statute

March 27, 2021 By lilly

WRONGFUL DISCHARGE: Limitation period tolled until employer’s grievance procedures were exhausted, suit timely filed within 1-year statute… McMahon reversed. [Read more…]