HOSPITAL NEGLIGENCE: Claim against hospital that testicle torsion following surgery and loss of testicle resulted from failure to make ultrasound available to non-employee surgeon properly found time-barred… Dayton affirmed. [Read more…]
Archives for May 2022
Abuse of process, wind farm litigation, 12(b)(6) dismissal
ABUSE OF PROCESS claim by ranchers frustrated by neighbors’ efforts to stop wind farm and “squeeze them out” improperly dismissed under Rule 12(b)(6)… Hayworth reversed (memorandum). [Read more…]
Amendment, affirmative defense 4 years after deadline
AMENDMENT: Supervisory control of Dayton denied as to allowing affirmative defense 4 years after deadline… order. [Read more…]
Drugs, “welfare check” unlawfully prolonged
DRUGS/DUI: Lawful stop & detention for “welfare check” and DUI suspicion unlawfully prolonged with extensive interrogations to wrongful seizure of meth and pipes (.000 BAC on PBT)… convictions reversed… Rieger reversed. [Read more…]
DUI, Batson, felony predicate, Prosecutor comments
DUI: Felony conviction upheld over Native American’s Batson challenge to State’s peremptory removal of Native American Panelist, Prosecutor’s comments, prior DUI as felony predicate… Harris affirmed. [Read more…]
Insurance, Employee Exclusion, “employee”/control test
INSURANCE: Injured driver of leased mail truck employed by USPS contractor not excluded from truck coverage when applying language of Employee Exclusion and definition of “employee” rather than the “control test”… Morris reversed (2-1 memorandum). [Read more…]
FMLA/due process, discharged surgical technologist
FMLA/DUE PROCESS claims by discharged surgical technologist properly rejected based on res judicata and statute of limitations following $80,762 wrongful discharge verdict… Morris affirmed (memorandum). [Read more…]
Settlements
Plan I
Kyle Nace, left ankle 3/21, neck 2/20, Whitefish firefighter/paramedic, MMIA accepted liability for ankle, placed neck claim under §615, disputes as to AWW, nature & extent of ankle injury and degree of impairment and entitlement to indemnity, $155,000 new money for all claims, stipulated judgment; Wayne Olson for Nace, Morgan Weber for MMIA [Read more…]
Elections, ballot petition electronic signatures
ELECTIONS: Independent AG candidate’s 2020 petitions containing only electronic signatures properly rejected… challenge reviewed under “capable of repetition” mootness exception… Brown affirmed. [Read more…]
Elections, HB 176, SB 169 injunction stay on appeal
ELECTIONS: SOS’s request to stay preliminary injunction prohibiting enforcement of HB 176 and SB 169(2) granted… Moses reversed… order. [Read more…]