FAILURE TO PROSECUTE: Collection suit against hospital patient improperly dismissed after 2-1/2 years in light of, inter alia, Defendant’s request for delay to pursue med-mal claims… Allison reversed (memorandum). [Read more…]
Archives for February 2023
Failure to prosecute, wrongful discharge, 8 years delay
FAILURE TO PROSECUTE 2009 wrongful discharge suit for 8 years properly warranted dismissal… Ulbricht affirmed (memorandum). [Read more…]
Settlement agreement, violation as “criminal theft”
SETTLEMENT AGREEMENT violation claims by pro se improperly stated as criminal theft, properly dismissed under Rule 12(b)(6), not saved by recharacterization on appeal… Bidegaray affirmed (memorandum). [Read more…]
Attorney disqualification, failed real estate sale
ATTORNEY DISQUALIFICATION: Appellant’s motion to disqualify all attorneys approached by Appellees’ attorney seeking assumption of representation after attorney who had represented Appellant joined Appellees’ attorney’s firm denied… “troubling” that Appellant’s attorney “cavalierly accuses other attorneys of serious ethical violations without evidentiary support,” substance of motion considered given seriousness of accusations despite double the permitted length… motion to default Appellees over answer brief filing extension dispute denied as likewise wholly lacking merit… order. [Read more…]
Attorney discipline, valuation of Peterbilt
ATTORNEY DISCIPLINE: Penelope Oteri to be publicly censured and placed on probation/mentorship for representations relating to valuation of Peterbilt… order. [Read more…]
Attorney discipline, violations in divorce cases
ATTORNEY DISCIPLINE: Linda Harris to transfer to retired status and be suspended for 5 years for RPC violations in divorce cases… order. [Read more…]
Aggravated rape, deposition testimony of alleged victim
AGGRAVATED RAPE: Defendant claiming consensual sex not prejudiced by Defense attorney’s stipulation to deposition testimony of alleged victim and Zoom testimony of experts in light of significant circumstantial evidence… Abbott affirmed (memorandum). [Read more…]
$240,000 net settlement, breach of promised jail position
SETTLEMENT: $250,000 from County to former Sheriff’s Deputy for breach of promised new position of Detention Center Administrator… $10,000 from Deputy to County for improper sanctions motion. [Read more…]
Officers’ shooting, “sham affidavit,” $525,000 settlement
OFFICERS’ SHOOTING: Summary judgment for County & Deputies rejected over claim of sham affidavit testimony that Plaintiff was pointing gun at ground when he opened door to unknown persons on porch in dark who shot him and claims of qualified immunity… case settled following ruling for $525,000… DeSoto/Watters. [Read more…]
Settlements
Plan I
Kenneth Hamilton, right shoulder, 8/21, City of Deer Lodge, disputes as to wage loss and future medical, $95,000 new money for all claims ($45,490.22 MSA), stipulated judgment; Andrew Huppert for Hamilton, Morgan Weber for MMIA [Read more…]