Montana Law Week

The Weekly Digest of Montana Law

Archives for 2022

Abortion services, 2021 restrictions preliminary enjoined

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ABORTION SERVICES: 2021 laws regulating or restricting abortions properly preliminarily enjoined… Moses affirmed. [Read more…]

Child incest, encouraging stepson to touch breasts

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CHILD INCEST: Defense’s request to interview children properly denied… fair trial of stepmother accused of encouraging stepson to touch her breasts not violated by State’s failure to lodge forensic interviews of children from a different case involving Defendant’s husband… plain error review of failure to give specific unanimity instruction in light of conviction on 1 count and acquittal on 1 count declined… conviction affirmed… Olson affirmed. [Read more…]

Buy-sell, failure to obtain committee approval of home

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BUY-SELL: Failure to obtain Architectural Committee approval of home not specifically stated as circumstance in which the buy-sell terminates, not grounds for termination, summary judgment for buyer on contract claim… material fact issues as to whether seller breached the implied covenant by interfering with the committee’s approval so he could terminate the buy-sell… buyer entitled to attorney fees per buy-sell… Rienne McElyea. [Read more…]

Settlements

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Plan I

Craig Smith, low back 7/03, nose 6/13, multiple 4/14, head/neck/shoulders 3/19, Stillwater Mining near Nye, Stillwater initiated all benefits due & owing, Smith underwent multiple surgeries, achieved MMI, restrictions imposed, impairments assigned, disputes as to PTD, extent of impairments, domiciliary care, Petitioner has obtained SSD and Medicare, $750,000 for all claims including §721 death benefits inclusive of cost of $51,525.93 MSA, stipulated judgment; Paul Odegaard for Smith, Joe Maynard for Stillwater Mining [Read more…]