Montana Law Week

The Weekly Digest of Montana Law

Archives for 2023

Settlements

By

Plan I

Brenda Croft, 4/21, Great Falls Public Schools, MSGIA accepted liability for left 5th metatarsal fracture and paid all associated benefits, denied liability for left tarsometatarsal sprain and all conditions affecting the left 4th & 5th metatarsocuboid joint, diabetic polyneuropathy, left foot pain, left foot deformity, left foot arthritis, left ankle arthritis, disputes as to future medical & indemnity related to denied conditions, $23,000 for all claims, stipulated judgment; Thomas Murphy for Croft, Morgan Weber for MSGIA [Read more…]

Prescriptive easement, assertion by occupant

By

PRESCRIPTIVE EASEMENT: Lessee of State school lands had standing to claim an easement over subdivision roads for farming equipment even though the State was not claiming an easement… preliminary injunction against lessee reversed, remanded for consideration of his easement claim against subdivision owners… Vannatta reversed. [Read more…]

Aggravated assault, ineffective assistance, dying counsel

By

AGGRAVATED ASSAULT: Petition for new trial based on alleged ineffective assistance by dying attorney properly denied for lack of newly discovered medical evidence countering State’s evidence that Defendant caused infant’s brain injury that would justify “miscarriage of justice” exception to postconviction time-bar… Menahan affirmed. [Read more…]

Discovery, Rule 35(b)(1) “like reports”

By

DISCOVERY: Rule 35(b)(1) “like reports” does not require insurers or their medical examiners to deliver reports for all earlier exams of the condition from all persons examined, but only earlier exams of the Plaintiff regarding the same condition to which the insurers and their Rule 35 examiners may have access… DeSoto. [Read more…]

Deposition, tax lien, pro ses, email notices, service

By

DEPOSITION rulings in tax lien case involving pro se Defendants, email notices, telephonic and in-person depositions, improper service by US, objections to questions… Defendants order to attend in-person depositions at Federal Courthouse, pay travel expenses of one US attorney and costs of stenographer… mitigating facts preclude US’ request for default… Molloy. [Read more…]