ASSAULT ON MINOR/PERJURY: Speedy trial not violated by 466 days arrest to trial… sufficient evidence to convict of perjury as to denial of using taser on children… Olson affirmed. [Read more…]
Archives for 2022
Plea withdrawal, nolo adds to Federal sentence
PLEA WITHDRAWAL based on not understanding that nolo plea to violation of order of protection would add 14-17 months to Guidelines in Federal case properly denied as “collateral consequence”… Jenks/Halligan affirmed (memorandum). [Read more…]
Drugs, admission of use to PO
DRUGS: New charge based on admission of drug use to PO ordered dismissed on State’s concession… order. [Read more…]
Supersedeas bond, Kansas rural electric entities
SUPERSEDEAS BOND: Kansas rural electric entities not qualified to post bond to stay enforcement of $1,631,834.60 sexual harassment/retaliation judgment against Montana rural electric, stay denied… Lair. [Read more…]
$3,299,499.50 net verdict, motorcycle/left turn van
VERDICT: $3,270,088.96 net ($5,109,514, 64/36 negligence), motorcycle/commercial van, femur/pelvis fractures. [Read more…]
$357,000 net verdict, joint real estate ventures
VERDICT: $400,000 for unjust enrichment to Estate of deceased partner in joint real estate ventures, $43,000 to Defendant partner for fraud/constructive fraud/deceit by deceased partner. [Read more…]
Wrongful discharge, defend solely on discharge letter?
WRONGFUL DISCHARGE: Whether employer may defend solely for reasons in discharge letter as held in Galbreath or whether 1999 amendments supersede the Galbreath rule certified to Montana Supreme Court… order. [Read more…]
Insurance, med-pay advance absent explicit request
INSURANCE: Insurer had no obligation under UTPA to advance-pay 3rd-party medical bills absent explicit request, demand, or claim, also had reasonable basis for not making advance payments… common law bad faith claim time-barred… DeSoto’s 56(a) ruling not precluded by Lynch’s prior 12(b)(6) ruling… DeSoto/Morris. [Read more…]
HB 702 vaccination restrictions challenges
HB 702 VACCINATION RESTRICTIONS challenges mostly survive motions to dismiss on standing and 12(b)(6) grounds… Molloy. [Read more…]
Settlements
Plan I
Perry Rose, low back, 7/21, Weyerhaeuser/Plum Creek Timber, Columbia Falls, Weyerhaeuser accepted liability, paid all benefits due & owing, disputes as to wage loss, nature & extent of injury, need for future treatment, $150,000 for all claims, stipulated judgment; Wayne Olson for Rose, Charlie Smith for Weyerhaeuser [Read more…]
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