WRONGFUL DISCHARGE: Inability of DOC HR Director to provide truthful information during investigation into her recordings constituted good cause for termination regardless of disputes as to whether recordings were surreptitious… Seeley affirmed. [Read more…]
Archives for 2023
Attorney discipline, Matthew Lowy suspended 1 year
ATTORNEY DISCIPLINE: Matthew Lowy suspended for at least 1 year for failing to respond to ODC regarding a Judge’s concerns about his representation of a client (order). [Read more…]
Attorney discipline, Joseph Howard suspended 30 days
ATTORNEY DISCIPLINE: Joseph Howard suspended for 30 days for failures in representation of criminal defendant… order. [Read more…]
Indians, Tribal v. District Court custody jurisdiction
INDIANS: State Court lacked jurisdiction over custody dispute because alleged torts occurred either on Blackfeet Reservation or arose out of Tribal Court proceedings… Olson affirmed (memorandum). [Read more…]
Aggravated burglary, climbing atop sleeping woman
AGGRAVATED BURGLARY: Conviction for entering house and climbing atop sleeping woman affirmed over speedy trial and instruction challenges… sentence based on incorrect information… Whelan affirmed, reversed. [Read more…]
Speedy trial, 2 trials, 861 days, deliberate homicide
SPEEDY TRIAL: 671 days of total 861 properly attributed to deliberate homicide Defendant convicted in 2nd trial following reversal of 1st, speedy trial claim properly denied… Todd affirmed. [Read more…]
Association standing, disputed sale of Masonic Temple
ASSOCIATION STANDING: Dispute over proceeds from sale of Masonic Temple resolved on summary judgment in favor of Grand Lodge and against constituent lodge and former Grand Master for lack of standing… Wilson. [Read more…]
Settlements
Plan I
Jeffrey Gage, low back, 6/09, Loaf N Jug Mini Mart, Great Falls, Kroger accepted liability, paid all benefits due & owing, disputes as to nature & extent of injury and future treatment, $270,854 new money for all claims ($200,854 MSA, $70,000 cash), stipulated judgment; Matthew Murphy for Gage, Charlie Smith for The Kroger Co. [Read more…]
Bogus case cites
Bogus case cites … P. Kevin Castel. [Read more…]
Wrongful discharge, Galbreath rule, discharge letter
WRONGFUL DISCHARGE: Galbreath rule limiting defense to reasons in discharge letter not superseded by 1999 amendments but evidence offered to substantiate those reasons admissible… answer to 9th Circuit question (reversing Watters’s summary judgment for employer). [Read more…]
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