Montana Law Week

The Weekly Digest of Montana Law

Archives for 2022

Attorney fees, $532,662 fees & costs, flooring litigation

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ATTORNEY FEES: $532,662.35 fees & costs awarded 3rd-party Defendant flooring subcontractor and against Defendants/Counterclaimants contractor, realtors, and their joint counsel in convoluted litigation over hardwood flooring finish… subpoena for discovery as to whether fees or costs were paid by insurer denied as irrelevant to reasonableness… motion for relief from sanctions denied… Larson. [Read more…]

Settlements

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Plan II

Eric Cheeseman, low back, 12/17 & 3/19, Helena, Hartford initiated all benefits due & owing, disputes as to medical causation, non-work-related injuries, wage loss, subsequent employment, $100,000 for all claims, stipulated judgment; Keif Storrar for Cheeseman, Joe Maynard for Hartford Accident & Indemnity [Read more…]

Easement, implied by preexisting use, Legion park access

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EASEMENT: Legion post properly found to have implied easement by preexisting use to access park dedicated in 1944 “for returning servicemen and the public” against challenge by surrounding ranch… fees improperly awarded without reasonableness hearing… Cybulski affirmed, reversed. [Read more…]

Traffic stop, driver not subject of warrant, meth

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TRAFFIC STOP not unlawfully prolonged by asking for driver’s papers even after learning that he was not the subject of the warrant associated with the truck because requesting papers fell within the “mission” of the stop… search warrant which yielded meth properly supported by field tests, dog sniff, and evidence from previous controlled buy out of same truck… meth/firearm convictions affirmed… Morris affirmed (2-1). [Read more…]