SENTENCING: Untimeliness of PFO notice waived by guilty plea… probable cause correctly found that Defendant breached plea agreement by uncharged infractions while in custody… Grubich affirmed. [Read more…]
Archives for November 2023
Postconviction, deliberate homicide, residue testing
POSTCONVICTION: Deliberate homicide Defendant not prejudiced by counsel’s failure to obtain GSR testing following shootout with cabin owners… McMahon affirmed (memorandum). [Read more…]
Insurance, failure to offer UIM
INSURANCE: Claim that agents breached duty of care in failing to offer UIM properly rejected on summary judgment… Morris affirmed (memorandum). [Read more…]
Employee RIF, FMLA, retaliation, WDEA, ADA, ADEA
EMPLOYEE RIF: Dismissal of FMLA and retaliation claims reversed… dismissal of WDEA, ADA, ADEA claims affirmed… Watters affirmed, reversed (memorandum). [Read more…]
Settlements
Plan I
Lindsay Devine, 8/06, City of Helena, MMIA accepted liability for mild TBI, post-concussive syndrome, bilateral tinnitus, headaches, neck pain, cervical spondylosis, fatigue, C5 corpectomy with fusion, left pneumothorax, multiple facial lacerations, dispute as to hearing loss, $150,000 new money for all claims, stipulated judgment; Lindsay Devine, pro se, Morgan Weber for MMIA [Read more…]