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…]
Archives for 2022
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…]
Assault with weapon, Panelist of color, black Defendant
ASSAULT WITH WEAPON: State properly allowed to peremptorily strike only non-white Panelist in trial of African American… couple of Prosecutor’s comments close to improper but overall not plain error… conviction affirmed… Kutzman affirmed. [Read more…]
Youth, negligent homicide, Pine Hills placement
YOUTH charged with negligent homicide improperly committed to DOC for placement at Pine Hills… Harris reversed. [Read more…]
Defense verdict, medial thighplasty, disfigurement
VERDICT: Defense, alleged medial thighplasty malpractice, disfigurement. [Read more…]
Settlements
Plan I
No lawyer
William Burt, shoulder(s), 6/20, $79,348
Tyler Kane, knee, 9/21, $5,000, medical closed [Read more…]
Shared well, contract v. Water Use Act
SHARED WELL: Agreement limiting usage to single family dwelling properly enforced against parties seeking to put in RV park pursuant to contract, not Water Use Act… Olson affirmed. [Read more…]
Windfarms, judicial review of PSC orders
WIND FARMS: Judicial review rulings on PSC orders affirmed and reversed… Menahan affirmed, reversed. [Read more…]
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