Plan I
Miriam Anderson, low back, 6/18, $140,000, Keif Storrar [Read more…]
Archives for 2022
Wrongful discharge, reinstatement offer rejection
WRONGFUL DISCHARGE: Credit union employee’s claim that he was wrongfully discharged properly rejected on summary judgment based on undisputed fact that he rejected unconditional offer of reinstatement, no properly submitted evidence to support “special circumstances” to justify rejection… McMahon affirmed (memorandum). [Read more…]
Probation search, gun-drawn warrantless entry
PROBATION SEARCH: Gun-drawn warrantless entry into probationer’s apartment, handcuffing him, leaving him sitting naked on bed for 30 minutes with bag of suspected meth properly held lawful… suppression of meth properly denied… Allison affirmed. [Read more…]
Fitness regained 12 years after criminal case dismissed
FITNESS: If a defendant found unfit to proceed regains fitness a judge can resume the criminal case, but sexual assault case against mentally challenged defendant that was dismissed in 2006 was improperly reinstated in 2018 without new charging documents and consideration of justness of the extended delay… resumption of criminal case reversed but new civil commitment proceeding could be pursued should the law and evidence support a new filing… Deschamps reversed. [Read more…]
Marijuana, “storefront” licensees’ expansion challenge
MARIJUANA: “Storefront” medical marijuana licensees not entitled to preliminary injunction against expansion under City ordinance enacted pursuant to Marijuana Regulation & Taxation Act… John Brown. [Read more…]
Charitable care write-off, $165,662 hospital/ambulance
CHARITABLE CARE WRITE-OFF: Value of written-off $165,661.50 hospital/ambulance care properly denied in wrongful death judgment following certification to Montana Supreme Court… Morris affirmed. [Read more…]
Intervention to appeal vacatur of oil/gas lease sales
INTERVENTION improperly denied oil/gas entity to appeal vacatur of lease sales impacting its leases… Morris reversed (memorandum). [Read more…]
PSC redistricting, preliminary injunction
PSC REDISTRICTING: Preliminary injunction granted enjoining SOS from certifying candidates for Districts 1 & 5 pending final disposition of malapportionment claim… Molloy, Watford, Morris. [Read more…]
Wages/PPD, concurrent employments
PPD improperly calculated for concurrent employments… Claimant entitled to additional PPD ($18,032 claimed) but not fees/penalty as MSF’s arguments were reasonable… Sandler. [Read more…]
Wages/TTD, concurrent employments
School bus driver/groundskeeper did not have concurrent employment with school district as paraprofessional/aide at time of summer injury, combined earnings for TTD properly denied… Sandler. [Read more…]