VERDICT: $16,652,538, negligence by DPHHS in failing to properly investigate report of child suffering from abuse ultimately resulting in TBI, loss of sight, seizure disorder, developmental delays when father’s girlfriend swung her head into crib bars. [Read more…]
Archives for 2021
$88,700 verdict, alleged armed assault/battery
VERDICT: $88,700, alleged armed assault and physical battery on private road. [Read more…]
Traffic stop, probation absconder, drugs
TRAFFIC STOP of probation absconder resulting in drugs upheld over claims of no reasonable suspicion for stop and attenuation doctrine not applying… Morris affirmed (memorandum). [Read more…]
Brady claims, undisclosed impeachment evidence
BRADY claims relating to failure to disclose impeachment evidence rejected for failure to show prejudice… Watters affirmed (memorandum). [Read more…]
Sentencing, explosives enhancement
SENTENCING: Enhancement for explosives Defendants improperly denied in light of subsequent 9th Circuit decisions regarding “controlled substance offense” and Montana drug law… Morris “reversed” (memorandum). [Read more…]
$8 million settlement, $2 million fees, medical insurance
SETTLEMENT: $8 million, national class action short-term medical insurance case with 28,767 policyholders alleging use of Data iSight software to discount medical charges to below what was promised in the policies… settlement approved by Watters following final approval hearing including Class Counsel’s requested $2 million fees and $30,729.76 litigation expenses… Class Representative’s individual non-class claims settled for $900,000 new money in addition to $75,000 paid during litigation. [Read more…]
Settlements
Plan I
Vernon Pieske, left hand, 12/17, Weyerhaeuser, Columbia Falls, Weyerhaeuser accepted liability, paid all benefits due & owing, disputes as to wage loss, nature & extent of injury, need for future treatment, $96,000 for all claims, stipulated judgment; Garry Seaman for Pieske, Charlie Smith for Weyerhaeuser NR [Read more…]
Insurance, defend/indemnify State for Libby asbestos
INSURANCE: Insurer correctly held to have breached duty to defend State for injury/death claims resulting from Libby asbestos… rulings that led to $97,833,193.93 judgment against insurer upheld except as to qualifying “occurrences” and coverage for claimants exposed to asbestos prior to policy period… Holly Brown affirmed, reversed. [Read more…]
Drugs/child endangerment, proof that substance was meth
DRUGS/CHILD ENDANGERMENT: Sufficient evidence for jury to find that untested substance provided to teen was meth… Defendant’s right to opportunity for allocution properly satisfied… convictions affirmed… Parker affirmed. [Read more…]
PFMA, “sharp practice” “set trap,” strangulation denial
PFMA: Prosecutor engaged in “sharp practice” to “set the trap” to bring in undisclosed former girlfriend who was sitting in courtroom as rebuttal to professional band member’s denial of ever strangling anyone… testimony was error but jury saw through State’s tactics and not grounds for reversal as it did not arouse the jury’s hostility such that there is a possibility that Defendant was convicted on anything other than the permissible evidence… conviction affirmed… Vannatta affirmed. [Read more…]
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