WRONGFUL DISCHARGE: Complaint improperly dismissed based on inclusion of improper marital discrimination claims… Rienne McElyea reversed (memorandum). [Read more…]
Archives for January 2023
Easement, preliminary injunction denied, expanded use
EASEMENT: Preliminary injunction properly denied as to construction equipment’s minor expanded use of easement… Wilson affirmed (memorandum). [Read more…]
Default set aside, Cribb/Engelsberger factors
DEFAULT: Entry of default against contractor improperly set aside without consideration of all Cribb factors in the manner discussed in Engelsberger (which had not been brought to Judge’s attention)… Ulbricht reversed (memorandum). [Read more…]
Boundary relocation agreement enforcement
BOUNDARY RELOCATION agreement enforced over dispute as to unwritten “jog” in the fence line v. a corner depicted in COS… Berger affirmed (memorandum). [Read more…]
Attorney discipline, failure to respond, client obligations
ATTORNEY DISCIPLINE: Maribeth Hanson suspended for failure to respond to OD and meet her client obligations… order. [Read more…]
Sexual harassment, $505,957 front pay rehearing denied
SEXUAL HARASSMENT: Rehearing of decision that HRC’s “front pay” of $505,957 was improperly increased to $1,379,338 by Laird rejected… order. [Read more…]
$525,977 bench judgment, DUI MVA
BENCH JUDGMENT: $525,977.05 for 2 Plaintiffs with infant in vehicle struck by DUI Defendant running stop sign… Harris. [Read more…]
Settlements
Plan I
Bryan Engen, right foot 5th metatarsal fracture, 3/21, Great Falls Public Schools, MSGIA accepted liability, disputes as to liability for right lower extremity including degenerative arthritis, peripheral neuropathy, 4th & 5th metatarsal cuboid joint sprain, $52,500 new money for all claims, stipulated judgment; Matthew Murphy for Engen, Morgan Weber for MSGIA [Read more…]
ICWA, dependent/neglect exception stricken
ICWA: §41-3-306(7)(b) exception for Indian child cases from emergency protective services hearings in dependent-neglect cases stricken as violative of equal protection… supervisory control granted over Judge’s argument of, inter alia, mootness… Breuner reversed. [Read more…]
Revocation, expired deferred imposition
REVOCATION: Deferred imposition sentence expired before State petitioned to revoke and is therefore illegal… conclusion based on de novo review of record, issue not raised by parties… Cuffe reversed. [Read more…]