DUI: Probable cause to believe Defendant who had driven off road was DUI when handcuffed and taken in for testing due to bad weather… statements after being handcuffed prior to Miranda did not warrant suppression… Lint affirmed. [Read more…]
Archives for 2024
Deliberate homicide, failure to disclose already charged
DELIBERATE HOMICIDE: Failure to inform Defendant during interview that he had already been charged insufficient to require suppression… fees/costs improperly imposed without considering ability to pay… Cybulski affirmed, reversed. [Read more…]
Contempt, failure to comply with gift deed judgment
CONTEMPT: Defendants who were found by jury to have acquired elderly brothers’ ranch by breached buy-sell and gift deed under undue influence found in contempt for failing to comply with judgment requiring release of mortgage… Defendants again ordered to complete release of mortgage as well as a post-verdict mortgage modification used to pay Defendants’ attorney, but brothers may at their discretion proceed with sale of the property with proceeds paid to bank entered as a supplemental judgment against Defendants… Gilbert. [Read more…]
$78,533.68 net verdict, home fire repairs
VERDICT: $89,136.51 to Plaintiff for home fire repair claims, 0 for emotional distress, $10,602.83 to Defendant contractor for Plaintiff’s breach of contract. [Read more…]
Buy-sell, water rights/inspection contingencies
BUY-SELL: Buyers did not properly rely on water rights or inspection contingencies to terminate BSA… DeSoto affirmed (memorandum). [Read more…]
Interest, prejudgment, buy-sell specific performance
INTEREST: Question certified to Montana Supreme Court whether compensation incident to specific performance constitutes legal damages for purpose of prejudgment interest… Order. [Read more…]
Class settlement, 25% fees of $9 million settlement
CLASS SETTLEMENT: $9 million, failure of 3 Rivers to retire capital credits to Browning Exchange members upon sale in 12/20… 1,863 class members, 25% attorney fees. [Read more…]
Settlements
Plan III
Tina McGowan, pelvis, 12/22, $95,000, medical closed, Matthew Braukmann [Read more…]
Parenting, damages for false reporting to CFS
PARENTING: No authority to award damages for false reporting to CFS in this parenting plan case but parent could bring separate tort action… Eddy reversed (memorandum). [Read more…]
Habitual vehicle offender, absolute liability
HABITUAL VEHICLE OFFENDER statute affirmed as absolute liability offense… Howard/Wilson affirmed. [Read more…]
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