Montana Law Week

The Weekly Digest of Montana Law

Archives for 2022

Intimidation, Deputy’s 404(b) testimony

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INTIMIDATION: Challenges to Deputy’s 404(b) testimony for not being sua sponte stricken or followed with curative instruction waived for being raised first time on appeal… claim of ineffective assistance for not requesting curative instruction or striking testimony more appropriate for post-conviction… Best affirmed (memorandum). [Read more…]

Settlements

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Plan I

Clayton Christofferson, knee, 10/90, 7/00, 6/01, 2/08, 12/11, 3/13, 10/14, 12/14, 3/21, 8/21, NWE, Missoula, NWE accepted claim, paid all benefits due & owing, disputes as to PTD, other benefits, relationship of left knee to the claim, $78,000 for all claims, stipulated judgment; Leslae Dalpiaz for Christofferson, Todd Hammer for NWE [Read more…]

Sexual harassment, $758,454.52 damages, $519,837 fees

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SEXUAL HARASSMENT: HRC correctly determined that electric co-op office manager was subjected to severe and/or pervasive sexual harassment by GM and not mere “flirting” and was retaliated against… HRC’s “front pay” of $505,957 improperly increased to $1,379,338 by Court, proper damages total is HRC’s $758,454.52… $519,837 fees properly awarded, enhancement properly rejected… Laird affirmed, reversed. [Read more…]

Contract, farm corporation share purchase agreement

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CONTRACT: 1978 family farm corporation share purchase agreement did not constitute novation of 1973 agreement, corporation properly entitled to purchase shareholder’s shares for price designated by directors in 2017 pursuant to 1973 agreement… Oldenburg affirmed. [Read more…]