The Weekly Digest of Montana Law
By lilly
Plan I
Derek Dyk, left shoulder 3/22, right ankle 7/21, bilateral hearing 1/22, City of Bozeman, MMIA denied liability for shoulder, accepted ankle and hearing, disputes as to liability for shoulder, future medical, indemnity for all claims, $115,000 for all claims, stipulated judgment; Christopher Helmer for Dyk, Morgan Weber for MMIA [Read more…]
By lilly
WATER BOTTLING PLANT: Beneficial use permit properly vacated and remanded due to deficiencies material to physical availability of water… attorney fees to Objectors who prevailed after 7 years improperly deemed denied… Seeley affirmed, reversed. [Read more…]
By lilly
ENVIRONMENT: Judge improperly substituted judgment for DEQ’s in vacating water bottling company’s wastewater permit… Eddy reversed. [Read more…]
By lilly
UTILITIES: Challenge to electricity pre-approval statute fails for lack of standing… Marks reversed. [Read more…]
By lilly
TRAFFIC STOP purportedly for lane violation unlawfully stretched by inquisitive drug team Trooper into search and seizure of meth… suppression improperly denied, conviction reversed… Rieger reversed. [Read more…]
By lilly
DUI: Request to speak with an attorney before agreeing to breath or blood sample properly considered a refusal to provide a sample, license reinstatement properly rejected… Grubich affirmed. [Read more…]
By lilly
FAILURE TO SERVE summons & complaint within 3 years of complaint requires dismissal without prejudice of slip & fall claim which eventually identified fictitious entity that provided the mats… Deschamps. [Read more…]
By lilly
DOUBLE JEOPARDY: Habeas properly granted securities fraud Defendant because Cuffe abused discretion in declaring a mistrial, Defendant may not be retried… Christensen affirmed, Cuffe and Montana Supreme Court “reversed” (memorandum). [Read more…]
By lilly
Plan I
Aaron Hopkins, neck, 7/19, $76,616, Andrew Huppert
Maurice Austin, upper extremities, 6/22, disputed, $10,000, Chris Helmer [Read more…]
By lilly
ABORTIONS: State failed to show that abortions cannot be safely provided by APRNs, §50-20-109 limiting to physicians and PAs properly held unconstitutional violation of privacy… Menahan affirmed. [Read more…]