FAILURE TO PROSECUTE: Suit alleging $3 million property damages from fire due to failure to maintain power lines properly dismissed after 11 years of no progress on the merits and no resolution of representation of Co-Plaintiff by pro se Plaintiff… Wald affirmed (memorandum). [Read more…]
Archives for October 2023
Probationary search, door opened a “crack,” meth
PROBATIONARY SEARCH: Home visit properly evolved into search that yielded meth after PO entered exterior structure, knocked repeatedly on trailer door, opened door a “crack,” called for probationer, she let officers in, and officer observed meth pipe in plain view… motion to suppress properly denied… Allison affirmed. [Read more…]
Appeal, 21st motion for extension denied
APPEAL: 21st motion for extension denied… order. [Read more…]
Settlements
Plan I
Rafael Reyes, ankles, 2/20, City of Columbia Falls, MMIA accepted liability, disputes as to future indemnity & medical, $107,000 new money for all claims, Petitioner agrees to apply to SIF, stipulated judgment; Dean Blackaby for Reyes, Morgan Weber for MMIA [Read more…]
Personal jurisdiction, NY critic of Montana business
PERSONAL JURISDICTION properly exercised over New York wildlife photography farm critic who targeted Montana business with social media posts… supervisory control of Eddy denied, tortious interference claims may proceed. [Read more…]
Marital, home valuation at dissolution v. separation
MARITAL: Wife properly awarded 55% of home valued at time of dissolution rather than separation… Gilbert affirmed (memorandum). [Read more…]
Marital, parenting plan, attorney fees reasonableness
MARITAL: Final parenting plan properly ordered but attorney fees improperly awarded Husband without reasonableness hearing… Cybulski affirmed, reversed (memorandum). [Read more…]
Deliberate homicide, failure to call “alibi witnesses”
DELIBERATE HOMICIDE: Defendant not prejudiced by attorney’s failure to call purported alibi witnesses, ineffective assistance claim properly denied without a hearing… Allison affirmed. [Read more…]
Class certification, subdivision “bad dirt”
CLASS CERTIFICATION granted in subdivision “bad dirt” suit against developers… $3,440,000 settlement with engineers… Souza, Todd. [Read more…]
Ranch buy-sell breached per jury, judicially rescinded
BUY-SELL of elderly brothers’ ranch breached by buyers based on jury verdict, Gift Deed void based on jury finding of undue influence… buy-sell judicially rescinded, title to ranch quieted in favor of brothers, mortgage taken by buyers without payment to sellers must be released by buyers… $150,000 jury award vacated since Court imposed judicial recision… Gilbert. [Read more…]