LEGAL MALPRACTICE: Attempt to bootstrap malpractice claim by Ohio hotel corporation which manages Hiltons in Montana against Philadelphia insurer’s San Francisco adjusters into Montana via $4,031,519 class settlement with Montana hotels properly rejected for lack of specific personal jurisdiction…Vannatta affirmed. [Read more…]
Archives for October 2024
Probate, video leaving all to brother not valid will
PROBATE: Video leaving all possessions to brother properly held not to constitute a valid will… Wald affirmed. [Read more…]
Failure to prosecute $5,157,580 default judgment
FAILURE TO PROSECUTE: Dismissal of $5,157,580.10 default judgment case after “nine years of madness” affirmed… Allison affirmed (memorandum). [Read more…]
US not required party to access across private land
REQUIRED PARTY: US not a required party to determine access to property across private parcels and then across BLM land as BLM access is provided under lease to 2037… Menahan reversed. [Read more…]
Self-incrimination, Informal Domestic Relations process
SELF-INCRIMINATION: Father failed to preserve whether Judge erred by ruling that the Informal Domestic Relations Trial process fully waived his right to assert his privilege against self-incrimination… Linneweber affirmed (memorandum). [Read more…]
DUI, RADAR sign showing 36 in 25 zone
DUI: RADAR sign showing 36 in a 25 zone properly utilized to confirm officer’s speed estimate, does not constitute a prohibited automated traffic enforcement device, resulting DUI investigation likewise reasonable, suppression of evidence properly denied… speedy trial right not violated by 742 days between arraignment and final trial date… Peterson/Seeley affirmed. [Read more…]
Environment, sheep-grazing allotments
ENVIRONMENT: Action against FS concerning 7 sheep-grazing allotments in Montana properly dismissed… Morris affirmed (memorandum). [Read more…]
Settlements
Plan I
Ken Grilley, shoulder 12/22 & 1/23, Kalispell, CHS initiated benefits, disputes as to prior injuries, medical causation, ability to return to TOI job, $85,000 for all claims, stipulated judgment; Francesca Distefano for Grilley, Joe Maynard for CHS [Read more…]
Probate, intervention 20 years after MVA deaths
PROBATE: Daughter’s Estate improperly denied intervention of right in probate of mother’s Estate 20 years after their MVA deaths… daughter’s Estate improperly ordered bound by Agreement for disposition of home jointly owned by mother and daughter pursuant to mother’s Will found 16 years after deaths directing that the Deed’s joint tenancy be disregarded… Krueger reversed. [Read more…]
Supervisory control, realtors not dual agents
SUPERVISORY CONTROL of Gilbert denied as to ruling that realtors were not dual agents… Order. [Read more…]