The Weekly Digest of Montana Law
By lilly
Plan I
Heather Stoner, right knee, neck, low back, head, 9/20, Missoula Target, Target accepted liability for knee and neck and paid all benefits due and owing, denied low back and head, disputes as to wage loss, medical, nature & extent of injury, ongoing complaints, additional medical, $100,000 cash plus fund $43,533 MSA for all claims, stipulated judgment; Eric Rasmusson for Stoner, Charlie Smith for Target [Read more…]
By lilly
SUPERSEDEAS BOND issued by Kansas rural electric “reciprocal insurers” insufficient to stay enforcement of $2,523,370.80 sexual harassment/retaliation judgment against subscriber electric… Laird affirmed (other grounds). [Read more…]
By lilly
DRUGS: Speeding stop improperly extended into DUI investigation and then drug investigation, motion to suppress marijuana found in vehicle which Trooper smelled and dog confirmed improperly denied… Walker/Davies reversed. [Read more…]
By lilly
INDECENT EXPOSURE: Bench trial conviction for masturbating in vehicle in college dorm parking lot affirmed… Menahan affirmed (memorandum). [Read more…]
By lilly
SANCTIONS: Court’s “clarification of application of order” finding counsel and clients in defective flooring case liable for sanctions for frivolous/vexatious conduct provided for new counsel… Larson. [Read more…]
By lilly
INSURANCE: Suit by Minnesotans in MVA in Montana against Illinois insurer properly dismissed for lack of personal jurisdiction… Haddon affirmed (memorandum). [Read more…]
By lilly
SENTENCING: Variance (not departure) from Guidelines range properly imposed for child sex conviction… Morris affirmed (memorandum). [Read more…]
By lilly
HB 702 VACCINATION RESTRICTIONS: Enforcement of MCA 49-2-312 as it relates to COVID-19 vaccine against Montana healthcare facilities preliminarily enjoined for so long as CMS’s Interim Final Rule remains in effect… Molloy. [Read more…]
By lilly
Plan I
Brenda Brisch, multiple, 5/21, disputed, $20,000 for all claims, stipulated judgment; Charla Tadlock for Brisch, Joe Maynard for MHN [Read more…]
By lilly
UNAUTHORIZED PRACTICE: LLC’s assignment of claims to member does not permit the non-lawyer member to sue on behalf of LLC (first impression)… member also lacks standing to assert LLC’s claims… Ohman affirmed. [Read more…]