REFUSAL TO ANNEX: City’s refusal to annex and provide services to farmland which owner wishes to develop did not amount to constitutional taking… Kutzman. [Read more…]
Archives for 2021
Insurance, failure to notify insurer of dog injury suit
INSURANCE: Failure to notify auto insurer of dog injury suit precludes liability for $475,000 consent judgment, notice-prejudice rule not applicable merely because insurer would have changed coverage decision had it been notified of suit… Morris affirmed (memorandum). [Read more…]
Attorney practice, “snide briefing,” “collegial bar,”
ATTORNEY PRACTICE: Motion to dismiss because pleadings were incomplete or illegible dismissed as moot following updated service but counsel admonished that there are simpler ways to deal with problems in a collegial bar than filing snide briefing or unnecessary although technically correct motions… Molloy. [Read more…]
Settlements
Plan I
Tannor Bertino, low back, 6/21, Dillon Albertsons, Albertsons did not accept liability but placed claim under §608 and paid appropriate benefits, disputes include compensability of claim, causal connection between current conditions and alleged workplace injury, nature & extent of alleged injury, sequela of alleged injury, whether the insurer at risk for Petitioner’s 12/19 low-back claim remains liable for current conditions, Petitioner’s need for past, current, or future treatments in connection with alleged workplace injury, $22,500 for all claims, stipulated judgment; Richard Martin for Bertino, Thomas Harrington for Albertsons Companies [Read more…]
Insurance, UIM, motorcyclist, unattainable condition
INSURANCE: UIM improperly denied motorcyclist with 3 other vehicles with UIM who was unable to satisfy coverage condition because insurer did not insure motorcycles in Montana… MP properly denied under policy terms which do not include motorcycles… Todd reversed, affirmed. [Read more…]
Wrongful discharge, technology manager, grievance
WRONGFUL DISCHARGE claim properly rejected for failure to exhaust grievance procedures in documents handed to managerial employee at time of firing… leave properly denied to add age discrimination as futile but on different grounds… Rienne McElyea affirmed. [Read more…]
SIWC, teens “Nervous Touch” game
SIWC BY YOUTH: Instruction to consider youth characteristics properly rejected as appropriate only for sentencing, not culpability… instruction on age of consent to support 14-year-old Defendant’s theory that 16-year-old alleged that she had withdrawn consent in game of “Nervous Touch” to avoid being charged herself properly rejected… sufficient evidence to convict Defendant of SIWC… Murnion affirmed. [Read more…]
Child sex abuse, testimony v. forensic interview
CHILD SEX ABUSE: Why Defense Counsel allowed child’s prior consistent statements from forensic interview into evidence without challenge not fully apparent from record, not reviewable on direct appeal… conviction affirmed… Reynolds affirmed. [Read more…]
Obstruction, conduct-based v. result-based “knowingly”
OBSTRUCTION: Improper conduct-based “knowingly” instruction allowed jury to disregard Defendant’s explanation of why he walked away from officer at traffic stop… failure to object was ineffective assistance requiring retrial… Lint reversed (memorandum). [Read more…]
Successor liability, complex healthcare entities
SUCCESSOR LIABILITY: Health Care Service Corp. is not corporate successor to Blue Cross & Blue Shield of Montana following 2013 transaction such that it can be liable for latter’s alleged wrongful premium billing practices… Halligan. [Read more…]
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