ABORTION: Preliminary injunction enjoining HB 575 and HB 721 affirmed… Menahan affirmed. [Read more…]
Archives for 2024
Abortion, HB 544, HB 862, preliminary injunction
ABORTION: Preliminary injunction enjoining HB 544, HB 862, and Rule dealing with Medicaid funding of abortions affirmed… Menahan affirmed. [Read more…]
Supervisory control, right to have parent at interrogation
SUPERVISORY CONTROL of Recht’s ruling that minor sexual assault Defendant waived right to have parent at interrogation denied because question is factual… Order. [Read more…]
License suspension, motorcyclist “serious bodily injury”
LICENSE SUSPENSION: Trooper had probable cause to believe that motorcyclist had “serious bodily injury” providing basis to request blood test… statement that “I don’t want that” properly construed as withdrawing initial consent for test… license suspension properly upheld… Grubich affirmed. [Read more…]
Assault with weapon, justifiable force instruction denied
ASSAULT WITH WEAPON: Justifiable force instruction in shoving match that escalated to stabbing improperly refused on basis that Defendant had not presented evidence of his state of mind, but the evidence nevertheless did not support the instruction… Harris affirmed (other grounds). [Read more…]
Vaccination discrimination, HB 702 preemption
VACCINATION DISCRIMINATION: Ruling that HB 702 is preempted by ADA and OSHA reversed… Molloy reversed. [Read more…]
Settlements
Plan I
Donna Jackson, multiple, 12/19, disputed PT, $50,000, medical reserved, Stacy Tempel-St. John [Read more…]
TOP/parenting plan venue, convoluted statutory scheme
TOP/PARENTING PLAN VENUE: BSB Justice Court properly removed mother’s TOP case to Gallatin District Court after father filed parenting action in Gallatin… District Court’s TOP order affirmed… Bowen/Ohman affirmed. [Read more…]
Incest, credibility bolstering
INCEST: Conviction of sex with teen daughter affirmed over challenge to Prosecutor’s bolstering in closing and prior consistent statements… restrictions improperly imposed on internet use… Laird affirmed, reversed (memorandum). [Read more…]
Insurance bad faith, 3rd-party common law claims
INSURANCE BAD FAITH: 3rd-party common law claims stemming from delayed payment of settlement of DUI bicycle death not barred under MCA 33-18-242(4) (2023)… Court adopts majority federal rule allowing pleading of punitives in initial complaint even though contrary to MCA… Morris. [Read more…]
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