Plan II
Tanya Wood, shoulder(s), 10/21, $7,502, med closed, Stacy Tempel-St. John [Read more…]
Archives for 2022
Deliberate homicide/tampering, hearsay text messages
DELIBERATE HOMICIDE/TAMPERING: Officer’s reading of text messages between participants in double homicide properly admitted over hearsay objections… Judge’s choice of Montana pattern instruction on reasonable doubt properly given over Defendant’s preference for 9th Circuit instruction… convictions affirmed… Menahan affirmed. [Read more…]
Mistrial, failure to appear, assault with weapon
MISTRIAL: Claim that attorney was ineffective in not opposing mistrial for Defendant’s failure to appear rejected… assault with weapon conviction affirmed… Ruiz affirmed (memorandum). [Read more…]
2 cents verdict, jail inmate disciplinary reasons
VERDICT: $.02 nominal damages for deprivation of due process by jailers failing to provide written statement of evidence or reasons for disciplinary action as found on summary judgment, $0 for 5 other due process claims. [Read more…]
Settlements
Plan I
John Price, low back, 5/20, Bridger volunteer EMT, MMIA accepted liability, paid medical & indemnity, disputes as to additional medical & wage loss including PTD and liability for diverticulitis and all resulting disability, $200,000 for all claims, stipulated judgment; Greg Overturf for Price, Morgan Weber for MMIA [Read more…]
Disability discrimination, diabetic truck driver
DISABILITY DISCRIMINATION: Truck company did not discriminate against driver by not rehiring for upcoming construction season due to risk from unpredictable diabetic episodes… Administrative Decision, Jeffrey Doud. [Read more…]
Homestead exemption, 3rd-party judgment lien
HOMESTEAD EXEMPTION: Judgment lien to recover debt from alleged con artist who was put on deed allegedly by fraud improperly satisfied before owner received full value of the exemption from proceeds of sale of the property… Wilson reversed. [Read more…]
Subdivision, fire suppression pond
SUBDIVISION: Disputed fact issues preclude summary judgment that fire suppression pond is defective because surface freezes in winter… Dayton reversed (memorandum). [Read more…]
Marital, non-working father’s income from his father
MARITAL: Non-working father’s income from his father properly categorized as “gift income” excluded from child support calculation… Halligan affirmed. [Read more…]
Marital, custody, ATV accident, disputed alcohol
MARITAL: Primary custody of children properly awarded to father over mother’s contention that ATV accident and disputed alcohol use that day should have weighed heavily against him… Dayton affirmed (memorandum). [Read more…]
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