INCOME TAX: NOL statute does not constitute impermissible taxation of income beyond State’s authority… MTAB affirmed, McMahon reversed. [Read more…]
Archives for 2023
Attorney discipline complaint, AG challenge to SB 140
ATTORNEY DISCIPLINE: 41 counts alleging violations of RPC by AG Knudsen and his lawyers attempting to evade authority of Supreme Court and assaulting integrity of judiciary and Justices stemming from challenge to SB 140… Complaint by ODC Special Counsel Timothy Strauch. [Read more…]
Malicious prosecution, negligent vehicular homicide
MALICIOUS PROSECUTION and other claims stemming from charges of negligent vehicular homicide and 5 counts of negligent vehicular assault arising from MVA with dispute as to who was driving, failure to disclose long brown hair found in driver’s door, and 2 hung juries, and ultimate dismissal rejected on summary judgment… Gilbert. [Read more…]
Sentencing, limitation to “online services,” child porn
SENTENCING: Allowing “only one device that has access to online services” by child pornography Defendant not unconstitutionally vague… Christensen affirmed (memorandum). [Read more…]
Settlements
Plan I
Donna Thunstrom, left hip, 10/19, Great Falls Public Schools, MSGIA accepted liability, disputes as to certain indemnity & medical, $40,000 new money for all claims ($13,602.78 to fund MSA), stipulated judgment; Matthew Murphy for Thunstrom, Morgan Weber for MSGIA [Read more…]
$1,475,638 plus, Tom Siebel’s Lake Tahoe residence
CONSTRUCTION CONTRACT: $1,475,638 plus $482,715.12 pre-award interest plus attorney fees and expenses for Tom Siebel’s breach of contract for Bozeman contractor’s renovation of historic residence on Lake Tahoe… AAA Construction Industry Tribunal. [Read more…]
Youth jurisdiction, felony sex offenses
YOUTH JURISDICTION: Transfer to Youth Court improperly denied based purely on egregious nature of sex offenses… Souza reversed. [Read more…]
Contract, fees for failure to defend v. indemnification
CONTRACT: Defendant in lease suit entitled to attorney fees & costs from Co-Defendants for failure to defend him pursuant to Agreement… not precluded by majority rule adopted in ARCO (Mont 1991) as he seeks damages for failure to defend, not fees & costs related to establishing indemnification… Marks. [Read more…]
FTCA, charred tree fall death/injuries on FS road
FTCA: Charred tree fall death & injuries on forest road barred by discretionary function exception… Molloy affirmed (memorandum). [Read more…]
Construction contract, failure to join general contractor
CONSTRUCTION CONTRACT: Electric subcontractor’s complaint dismissed without prejudice under Rule 12(b)(7) for failure to join general contractor in attempt to avoid arbitration… Christensen. [Read more…]
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