Montana Law Week

The Weekly Digest of Montana Law

Archives for January 2023

Settlements

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Plan I

Benjamin Miller, left knee, 11/21, NWE, Plains, NWE placed claim under §615, paid certain medical, thereafter denied liability on the basis that Petitioner suffered temporary aggravation of pre-existing condition for which he had achieved MMI and required no additional treatment, $100,000 for all claims, stipulated judgment; David Lighthall for Miller, Marcel Quinn for Northwestern Corporation [Read more…]

Preliminary injunction, birth certificate sex change

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PRELIMINARY INJUNCTION: State’s motion for supervisory control as to Moses’s SB 280 birth certificate sex change preliminary injunction “clarification” order granted in part but order was “clear and required no ‘clarification'”… order. [Read more…]

Settlements

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Plan I

Tommy Roberts, electrical injury to entire body, 6/20, Stillwater Mining, Stillwater Co., Midland Claims Service served as adjuster, Stillwater accepted liability, disputes as to out-of-state treatment, whether MMI achieved, medical necessity of certain treatment, $175,000 new money for all claims, stipulated judgment; Andrew Miller for Roberts, Steven Jennings for Stillwater Mining [Read more…]

Intimidation, Deputy’s 404(b) testimony

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INTIMIDATION: Challenges to Deputy’s 404(b) testimony for not being sua sponte stricken or followed with curative instruction waived for being raised first time on appeal… claim of ineffective assistance for not requesting curative instruction or striking testimony more appropriate for post-conviction… Best affirmed (memorandum). [Read more…]