PROBATE: Will challenge defense verdict affirmed over claims of juror misconduct… $428,659 attorney fees properly awarded Estate, $86.931.50 improperly awarded wife of heir for participation to defend her own interests… interest rate on fees improperly required to be recalculated each year… Gilbert affirmed, reversed. [Read more…]
Archives for 2023
Foreclosure, “maintenance expenses,” cleanup costs
FORECLOSURE: “Maintenance expenses” in §25-13-802(3) do not include cleanup costs for removal of a redemptioner’s personal property (scrap yard items)… Allison reversed. [Read more…]
Sentencing, felony sex abuse v. misdemeanor recordation
SENTENCING: State’s petition for supervisory control challenging Deschamps’ sua sponte reduction at sentencing of plea-agreed felony sexual abuse of children to misdemeanor surreptitious recording denied without prejudice to its right to appeal the final judgment… order. [Read more…]
Investigative stop, pre-Miranda graffiti admission
INVESTIGATIVE STOP: Pre-Miranda admission to graffiti was not the result of improper tactics by officer… Ohman affirmed (memorandum). [Read more…]
Environment, sprinklers/snowmakers, treated sewage
ENVIRONMENT: CWA claim alleging pollution of West Fork of Gallatin River by use of sprinklers and snowmakers around ski runs and flushing of golf course irrigation system to discharge treated wastewater barred by consent decree in prior litigation… Morris. [Read more…]
Settlements
Plan I
David Fayden, left shoulder, 1/22, City of Great Falls, MMIA accepted claim, Petitioner declared at MMI with 13% impairment in 5/23, disputes as to further indemnity, degree of disability, future medical, $175,000 new money for all claims ($9,777.45 MSA), stipulated judgment; Matthew Murphy for Fayden, Morgan Weber for MMIA [Read more…]
Negligence, $510,343.05 MVA verdict reversed
NEGLIGENCE: Alternative causation evidence improperly excluded in MVA trial, error compounded by Plaintiff taunting Defense for not presenting excluded evidence… $510,343.05 verdict reversed, remanded for new trial on causation/damages elements of pain/suffering and course of life… Dayton reversed (52-page Opinion). [Read more…]
Probate, administration, alleged fraud on court
PROBATE: Challenge to rulings related to administration of estate including alleged fraud on the court by special administrator rejected… Souza affirmed (memorandum). [Read more…]
Attorney discipline, attorney suspended for murder
ATTORNEY DISCIPLINE: Complaint filed for Garry Seaman who pled guilty to deliberate homicide and attempted deliberate homicide in love triangle shooting… ODC. [Read more…]
Retaliation, $377,944 HRC award exceeded authority
RETALIATION: Finding of retaliation against DOC Government Relations Director for participating in investigation of sexual harassment allegations against DOC Director and award of $377,944 exceeded statutory authority in rejecting HO’s conclusions of no retaliation… Holien affirmed, HRC FAD reversed… McMahon. [Read more…]
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