NURSING HOME MALPRACTICE: Nursing home not immune from COVID-based claims of estates of deceased patients under Public Readiness & Emergency Preparedness Act, motion to dismiss denied… Cavan/Watters. [Read more…]
Archives for 2023
Settlements
Plan II
Harold McIntyre, right knee, 6/10, Williams P&H, Bozeman, disputes as to PTD and future medical, $86,647.87 for all claims ($66,647.87 MSA), stipulated judgment; Kim Schulke for McIntyre, Morgan Weber for Liberty Northwest [Read more…]
Marital discrimination, irrigation district allocation
MARITAL DISCRIMINATION claim based on allocation of water to couple as 1 individual rejected for lack of showing of injury… Jeffrey Doud. [Read more…]
Vaccination discrimination, non-vax surcharge
VACCINATION DISCRIMINATION: Non-Vax Surcharge challenge preempted by ERISA… Judy Bovington. [Read more…]
Guardianship/conservatorship, equity, attorney fees
GUARDIANSHIP/CONSERVATORSHIP: Judge sitting in equity had authority to order reimbursements rather than require an audit… attorney fees properly denied for defense of guardian/conservator but should be awarded for services pertaining to administration of Estate… Allison affirmed, reversed (memorandum). [Read more…]
DUI, “hard interpretative work” as to aftermarket lights
DUI: Deputy’s interpretation of statutes regulating low-intensity aftermarket lights on pickup was incorrect but mistake was reasonable because statutes are so ambiguous that overturning her traffic stop judgment requires hard interpretive work… conviction of resulting DUI affirmed… Olson affirmed (memorandum). [Read more…]
DUI, blood draw nurse’s Zoom testimony from Greece
DUI: Blood draw nurse properly allowed to testify from Greece via Zoom… 6th DUI Defendant should be sentenced to DOC, not MSP, under 2019 statute … Ulbricht affirmed, reversed. [Read more…]
Aggravated burglary/PFMA, inconsistent bodily injury
AGGRAVATED BURGLARY/PFMA: Jury properly found that former partner suffered bodily injury despite her conflicting/inconsistent testimony… restitution amounts warrant further consideration on remand… Rieger affirmed, reversed (memorandum). [Read more…]
Solicitation of SIWC/Sexual Abuse of Children
SOLICITATION OF SIWC/SEXUAL ABUSE OF CHILDREN: Sexual abuse conviction reversed due to improper result-based instruction of “knowingly” in relation to sexual pictures of child on Defendant’s phone allegedly taken by child… result-based instruction properly applied to solicitation… Seeley affirmed, reversed (memorandum). [Read more…]
Expungement, MMRTA
EXPUNGEMENT properly denied Defendant who pled guilty to possession with intent to distribute more than 15 ounces of marijuana over assertion that amount is not clear in judgment… Oldenburg affirmed (memorandum). [Read more…]
- « Previous Page
- 1
- …
- 31
- 32
- 33
- 34
- 35
- …
- 39
- Next Page »