SSD claim properly denied despite harmless error at step 3… Opp/Cavan affirmed (memorandum). [Read more…]
Archives for 2023
Settlements
Plan I
Ethelyn Eggar, neck, shoulder, right hand, back, 3/07, L&C Co. (employer), MACo accepted claim, paid benefits due & owing, recently denied treatment for cervical condition, disputes as to disability and ongoing medical, $249,000 for all claims, stipulated judgment; Keif Storrar for Eggar, Dean Blackaby for MWCT [Read more…]
Statutory rape, improper but harmless hearsay
TATUTORY RAPE: Conviction affirmed over challenge to exclusion of defense evidence as irrelevant and to improperly admitted but harmless hearsay… Spaulding affirmed. [Read more…]
Terry Stop, oddly behaving man carrying gun in blanket
TERRY STOP justified by oddly behaving and dressed man carrying shotgun or rifle in blanket on shoulders indicative of possible intoxication, improperly suppressed in possession of firearm by prohibited person case… Watters reversed (memorandum). [Read more…]
Settlements
lan II
Katelyn Hubbard, right hip, 2/21, Walmart, Missoula, AIU accepted claim, paid all benefits due & owing, disputes as to ongoing wage loss and future medical, $5,000 for all claims, stipulated judgment; Katelyn Hubbard, pro se, Adrianna Potts for AIU Ins. [Read more…]
Mental commitment, physical presence waiver
MENTAL COMMITMENT: Improper waiver by attorney of physical presence at commitment hearing, person improperly required to attend via video over his objection, State’s “forfeiture by violent conduct” proposal rejected, commitment reversed… Christopher reversed. [Read more…]
Incest, touching 10-year-old step-daughter, other acts
INCEST: Montana conviction of sexually touching 10-year-old step-daughter affirmed over challenge to extensive evidence of similar subsequent conduct in Wyoming case… Murnion affirmed. [Read more…]
Solar contracts, $480,000 verdict reversed, remanded
SOLAR CONTRACTS: Judge erred by sua sponte excluding Plaintiff’s other projects and development fees and in instructing that jury could award lost profits for NWE’s breach of contract to purchase electricity after PSC suspended NWE’s standard rate… $480,000 verdict reversed, remanded for new trial on recovery of development fees… claim of judicial bias warranting reassignment on remand rejected… Haddon reversed (memorandum). [Read more…]
Settlements
Plan I
Katherine Herbig, right shoulder, 3/21, Safeway, Kalispell, disputes as to wage loss, nature & extent of injury, need for future treatment, $68,000 for all claims, stipulated judgment; Wayne Olson for Herbig, Charlie Smith for Safeway [Read more…]
Indians, oil/gas leases jurisdiction
INDIANS: Jurisdictional factors improperly weighed to determine that LLC is an arm of the Assiniboine & Sioux Tribes in oil & gas leases dispute… Laird reversed. [Read more…]
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