RESTITUTION: Murder victim’s father’s affidavit of loss is unclear what part of his restitution sought is attributable to expenses incurred while subpoenaed as trial witness and for which the County would be responsible… remanded for clarification… Allison reversed. [Read more…]
Archives for 2021
Hearing aid benefits beyond 60-month termination
Claim of entitlement to hearing aid benefits beyond 60-month rule termination not ripe for trial… Sandler. [Read more…]
Settlements
Plan I
Steven Staal, left leg, 1/19, FedEx, Bozeman, FedEx accepted liability, paid all benefits due & owing, Petitioner injured left ankle and neck in a motorcycle accident in 6/20, disputes as to whether it was a material aggravation of the job injury, wage loss, nature & extent of injury, need for future treatment, $155,000 for all claims, stipulated judgment; Stacy Tempel-St. John for Staal, Charlie Smith for FedEx [Read more…]
Retaliation, RIFed DOC manager
RETALIATION claim by RIFed DOC manager rejected… Administrative Decision… Caroline Holien. [Read more…]
Administrative procedures, judicial review v. mandamus
ADMINISTRATIVE PROCEDURES: Pain doctor’s petition for judicial review of discipline properly dismissed as untimely, not entitled to equitable tolling, mandamus inapplicable… Abbott affirmed (memorandum). [Read more…]
Appellate mediation, Board with full authority to settle
APPELLATE MEDIATION: How Tank Release Board chooses to comply with Rule 7 vis-à-vis its concerns that sending a quorum with full settlement authority would implicate public meeting requirements is up to the Board, motion for clarification or waiver of self-executing Rule denied… order. [Read more…]
DUI, circumstantial evidence instructions, prior DUI
DUI: Proper circumstantial evidence instruction given at trial of intoxicated man found sleeping in vehicle in snowbank… 2004 DUI properly found constitutionally firm to support felony enhancement… Menahan affirmed (memorandum). [Read more…]
Expungement, 1989 marijuana grow possession
EXPUNGEMENT of 1989 conviction of possession of over 60 grams of marijuana from home grow properly denied… Todd affirmed. [Read more…]
Revocation, “non-compliance” protection order violation
REVOCATION: Defendant’s deferred misdemeanor sexual assault sentence properly revoked for “non-compliance” violation by driving within no-go zone of order of protection even though he was acquitted of violating the order… Pope not manifestly wrong or distinguishable… until Legislature remedies the confusing omission of misdemeanor revocation processes courts must derive their authority to revoke misdemeanor sentences from §46-18-203(7)(a)(iii) (2017)… Jenks/Vannatta affirmed. [Read more…]
Attorney fees, $519,837, sexual harassment retaliation
ATTORNEY FEES: $519,837 fees, $48,258.44 costs, awarded sexual harassment/retaliation Plaintiff who obtained $1,631,834.60 judgment… Defendant’s attorney sanctioned for “underhanded tactics” as to Plaintiff’s cost memorandums, hearing set to determine whether $2,200 voluntarily paid for fees incurred as result of vexatious conduct is adequate… Laird. [Read more…]
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