PROBATE: Equitable conversion properly applied to distribute insurance proceeds from burned house that had been devised by mother to son… Souza affirmed. [Read more…]
Archives for October 2023
Unemployment insurance, insufficient service
UNEMPLOYMENT INSURANCE petition properly dismissed for insufficient service… Owen affirmed (memorandum). [Read more…]
DUI, disputed PSI improperly relied on for enhancement
DUI: Disputed PSI improperly relied on for felony enhancement… remanded for resentencing as misdemeanor… Harris reversed. [Read more…]
Postconviction, comp theft, dismissal of deferred
POSTCONVICTION petition seeking to continue litigating claim that Defendant was wrongfully convicted of comp theft properly dismissed as moot following requested dismissal of completed deferred imposition… Seeley affirmed (memorandum). [Read more…]
City Court appeal, Brady dismissal
CITY COURT APPEAL: Motion to dismiss City’s appeal of City Court’s Brady dismissal properly denied by District Court… Grubich affirmed (memorandum). [Read more…]
Easement, lake property access dispute
EASEMENT: Defendants in lake property access dispute have express easement over Plaintiffs’ property, implied easement by prior use, and prescriptive easement but not implied easement by necessity… Plaintiffs’ request to add claim of prescriptive easement over Defendants’ property denied… Defendants’ counterclaims for nuisance, interference with easements, and punitives remain for trial… Owen. [Read more…]
Mootness, rental management class action order
MOOTNESS: Appeal in rental management class action as to extension of termination mooted by expiration of order and clarification by Morris (memorandum). [Read more…]
Sentencing, “sporting exception” to gun possession
SENTENCING: Departure for “sporting exception” properly denied Defendant found with guns in vehicle on way home from hunting… Watters affirmed (memorandum). [Read more…]
Settlements
Plan I
Hal Haefs, C5-C6 disk herniation, 6/17, mechanic, City of Livingston, MMIA accepted claim, paid medical & indemnity, Petitioner underwent significant conservative treatment for neck pain and radicular symptoms of pain, numbness, tingling, and weakness in his upper extremities, MMIA denied treatment for dizziness, lightheadedness, vertigo, migraines, facial numbness, and near-sightedness, Petitioner filed a petition for trial in 1/23, disputes as to further medical and employability, $100,000 new money for all claims, stipulated judgment; Paul Odegaard for Haefs, Morgan Weber for MMIA [Read more…]
$574,791 attorney fees, Siebel historic residence restoration
CONSTRUCTION CONTRACT: $574,791 attorney fees and $72,101 prosecution costs awarded on top of previously awarded $1,475,638 damages and $482,715.12 pre-award interest for Tom Siebel’s breach of contract for Bozeman contractor’s renovation of historic residence on Lake Tahoe… Construction Industry Tribunal. [Read more…]