Montana Law Week

The Weekly Digest of Montana Law

Archives for 2023

Malicious prosecution, no contact violation acquittal

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MALICIOUS PROSECUTION: Claims for attorney fees, emotional distress, and punitives stemming from Defendants providing information to County Attorney’s Office which initiated prosecution of Plaintiff for violating order of protection culminating in not guilty verdict dismissed under Rule 12(b)(6)… Berger. [Read more…]

12(b)(6) dismissal with v. without prejudice

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12(b)(6) DISMISSAL: MVA Plaintiffs’ claim that medical providers charged impermissible rates failed to demonstrate “concrete” harm and thus Article III standing, but should have been dismissed without prejudice to allow amendment… Morris affirmed, reversed (memorandum). [Read more…]

Settlements

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Plan I

Janice Cloeters, finger 7/17, eye 7/18, upper back 11/18, upper back 4/21, upper back 8/21, Big Timber, MHN initiated all benefits due & owing, MMI achieved, impairments assigned, Petitioner is 81 and no longer working, dispute as to ongoing medical, Petitioner wants to control her care, $27,500 for all claims ($16,325 MSA), stipulated judgment; Leslae Dalpiaz for Cloeters, Joe Maynard for MHN [Read more…]