Montana Law Week

The Weekly Digest of Montana Law

Archives for November 2023

Coal mine expansion, permit rulings, attorney fees

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COAL MINE EXPANSION permit rulings affirmed in part, reversed in part, remanded for rehearing by BER and recalculation of attorney fees from the $862,755 awarded Conservation Groups for both administrative and judicial proceedings… Bidegaray affirmed, reversed. [Read more…]

Sexual assault, discovery of therapist’s records

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SEXUAL ASSAULT: Girls’ therapist’s records properly excluded following in camera review by Judge and also — because they recanted at trial — by the Supreme Court’s in camera review… dismissal of panelist who expressed view that alleged victims tend to be credible but that he would follow instructions properly denied… conditions improperly included in judgment that were not in pronouncement… Menahan affirmed, reversed. [Read more…]

Wastewater discharge, sewer district defense verdict

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WASTEWATER DISCHARGE: Defense verdict in suit against water/sewer district alleging discharge of treated but polluted wastewater into Gallatin River without permit affirmed… dismissal of golf course that irrigates with the wastewater reversed… Morris affirmed, reversed. [Read more…]

Settlements

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Plan I

Joshua Handsaker, abdomen/groin 5/22, low back 5/23, Fedex Ground Package System, Billings, disputes as to wage loss, nature & extent of injury, need for future treatment, Petitioner no longer employee of Fedex, $38,000 for all claims, stipulated judgment; Matt Braukmann for Handsaker, Charlie Smith for Fedex [Read more…]