Montana Law Week

The Weekly Digest of Montana Law

Archives for 2022

Unjust enrichment, “extra” excavation work

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UNJUST ENRICHMENT properly rejected in bench trial of claim of “extra work” required by subcontractor excavator to complete mine buttressing as “benefit” of work was conferred on Mine not excavator… $54,187.50 fees properly awarded Defendant pursuant to oral contract between contractor and subcontractor… Wald affirmed (memorandum). [Read more…]

Discovery, baler bearing wildfire, closed claim files

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DISCOVERY: Supervisory control of Best denied in baler bearing wildfire case as to compelling discovery of Deere’s closed claim files from 1993 to present along with Plaintiffs’ version of a protective order allowing them to share documents with attorneys in similar cases… order. [Read more…]

Parental interference, frustration of parenting

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PARENTAL INTERFERENCE: Sufficient evidence to convict mother of frustrating father’s parenting time by taking child to grandfather’s home and frustrating deputy’s attempts to learn child’s whereabouts… Prosecutors have discretion to prosecute in lieu of enforcement through contempt… order to pay fine in installments does not preclude paying sooner to terminate deferred sentence early… McElyea affirmed (memorandum). [Read more…]

Settlements

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Plan I

Dawn Sullivan, elbow, 6/20, Albertsons, Helena, Albertsons initiated all benefits due & owing, Petitioner has voluntarily terminated her employment with Albertsons and has new employment, disputes as to whether she has achieved MMI, whether current employment is aggravating her condition, whether further treatment is necessary, whether further indemnity is owed, Petitioner would like to control her own treatment if any is required, $10,500 for all claims, stipulated judgment; Dawn Sullivan, pro se, Adrianna Potts for Albertsons [Read more…]