Montana Law Week

The Weekly Digest of Montana Law

Archives for 2021

RR diesel shop machinist, idiopathic spastic paraparesis

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DISABILITY DISCRIMINATION: Net $477,138.25 award to RR diesel shop machinist with idiopathic spastic paraparesis affirmed except front pay for 12.84 years to intended retirement reduced from $377,952.26 to stipulated $348.458.81 based on 24 pay periods rather than 26… HRC internal disagreement on formula for calculating front pay… Holien mostly affirmed… HRC. [Read more…]

Drugs, illegal pat-down, consented vehicle search

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DRUGS: Pipe with meth residue illegally seized in pat-down after community caretaker investigation of known drug-related car stuck in snow in high-crime area, but meth properly seized in subsequent consented vehicle search, not invalidated by exclusionary rule vis-à-vis illegal pat-down… but unclear factual basis for plea-agreement requires remand for trial or new plea… Fehr affirmed, reversed. [Read more…]

Drugs, Vietnamese staring at MHP marijuana-stuffed van

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DRUGS: Officer’s “cordial conversation” with Vietnamese at gas station on drug corridor who was staring at MHP van stuffed with marijuana constituted seizure which was not justified by particular suspicion… motion to suppress marijuana found in consented search of car improperly denied… Hayworth reversed. [Read more…]

Settlements

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Plan II

Brian Herzog, eyes/neck, 12/13, Bozeman Lowe’s, New Hampshire accepted liability, paid all benefits due & owing, disputes as to ability to return to work and ongoing medical including primary medical, domiciliary, and medical causation, $625,000 for all claims ($328,408 MSA, $378,712.49 to Herzog and Murphy Law Firm for up-front cash to Herzog, fees, and costs, $178,770.51 to American General Annuity Service to fund periodic payments), stipulated judgment; Thomas Murphy for Herzog, Charlie Smith for New Hampshire Ins. [Read more…]