The Weekly Digest of Montana Law
By lilly
Plan I
Randy McCarty, left knee, neck (C5-6), bilateral CT, left foot, right shoulder, 11/21, Les Schwab, Butte, disputes as to wage loss, nature & extent of injuries, need for future treatment, $150,000 for all claims, stipulated judgment; A.J. Miller for McCarty, Charlie Smith for Les Schwab Tire Centers [Read more…]
By lilly
INSURANCE BAD FAITH: Hospital’s call to insurer that injured motorcyclist’s wife was “wondering” if there was “any way” for the hospital to bill insurer did not constitute a Ridley demand sufficient to trigger UTPA obligations… form for optional release of husband and wife included with payment of policy limits for husband did not violate UTPA… summary dismissal of all claims properly granted… DeSoto affirmed (memorandum). [Read more…]
By lilly
GRANDPARENT PARENTING: Grandparents properly given parental interest under 3rd-party parental interest statute rather than grandparent visitation statutes and despite finding that parents are fit… Eddy affirmed. [Read more…]
By lilly
ADOPTION: No reversible error in adoption decree… Brown affirmed (memorandum). [Read more…]
By lilly
DUI: Blood toxicology properly admitted despite failure to log lot numbers or expiration dates for collection tubes… sufficient evidence of physical control by intoxicated Defendant found sitting in non-running vehicle with key in console… felony conviction affirmed… Brown affirmed. [Read more…]
By lilly
CLASS SETTLEMENT of breach of email data of 12,298 Easterseals-Goodwill clients approved including $215,000 attorney fees… Morris. [Read more…]
By lilly
Court lacks jurisdiction to change minor-beneficiary’s payee from deceased’s sister to beneficiary’s mother/deceased’s ex-wife… Bruner. [Read more…]
By lilly
Plan I
Allen Perkins, left shoulder, 11/22, FedEx Freight, Hardin, disputes as to wage loss, nature & extent of injuries, need for future treatment, $58,440 to settle indemnity, medical reserved, stipulated judgment; Allen Perkins, pro se, Charlie Smith for FedEx Freight [Read more…]
By lilly
CLASS SETTLEMENT: 1/3 attorney fees of $4.3 million settlement of hospital data breach class action properly awarded… Parker affirmed. [Read more…]
By lilly
CHILD SUPPORT: Underemployed OB/GYN’s former income properly imputed… Hayworth affirmed. [Read more…]