EMPLOYMENT DISCRIMINATION: Fair food booth operator’s claim of retaliation for discrimination complaint properly dismissed for failure to establish prima facie case… HRB/Ulbricht affirmed (memorandum). [Read more…]
Archives for 2022
Obstruction, attempting to walk away from officer
OBSTRUCTION OF OFFICER: Dismissal for insufficient evidence to convict order of protection suspect who attempted to walk away from officer while being questioned improperly denied… Lerman/Vannatta reversed. [Read more…]
Justice Court jurisdiction, other county blood warrant
JUSTICE COURT JURISDICTION: Wheatland JP had jurisdiction to issue warrant for blood draw of driver arrested for DUI in Golden Valley… Egebakken/Spaulding affirmed. [Read more…]
Settlements
Plan I
James Amari, low back, 12/18, Providence Health, Missoula, Providence accepted liability, paid undisputed medical & indemnity, disputes include nature & extent of injury, causal connection between injury and other conditions, whether the injury aggravated any pre-existing conditions, sequelae of the injury, post-injury employability, need for past, current, or future treatments in connection with job injury, $47,500 for the indemnity plus $21,678 MSA for the medical, stipulated judgment; Steve Fletcher for Amari, Thomas Harrington for Providence Health & Services [Read more…]
Insurance, surreptitious shower recording of minor
INSURANCE: Coverage of surreptitious shower recording of minor excluded “sexual misconduct,” insurer had no duty to defend against civil claims resulting in $500,000 consent judgment… Fehr affirmed. [Read more…]
Mootness, garbage disposal application withdrawal
MOOTNESS: Garbage disposal application action properly dismissed as moot after applicant withdrew despite protestors’ desire for it to continue so they can challenge PSC’s actions in calling & questioning witnesses… McLean affirmed. [Read more…]
Marital, Hollywood assistant director maintenance mod
MARITAL: Hollywood assistant director’s request to modify spousal maintenance properly denied… Gilbert affirmed (memorandum). [Read more…]
Appellate procedure, supplementation, boxes of exhibits
APPELLATE PROCEDURE: Motion granted to supplement with boxes of files which were not uploaded to electronic record and not so large as to constitute exhibits that cannot be conveniently mailed… order. [Read more…]
Fitness, alleged improper delay past 90-day timeframe
FITNESS: Court did not lose jurisdiction when fitness not reviewed within 90 days of commitment order (jurisdictional v. procedural deadlines elucidated), dismissal of charges not warranted by untimely claim of improper delay past 90-day timeframe… Ulbricht affirmed. [Read more…]
Environment, coal mine expansion’s greenhouse gas
ENVIRONMENT: Interior failed to provide convincing reasons why coal mine expansion’s greenhouse emissions would be insignificant… Molloy affirmed, reversed. [Read more…]
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