DUI: Trooper violated speeder’s expectation of privacy by pursuing past “No Trespassing” signs on private road to where Defendant lived with girlfriend… motion to suppress 7th DUI evidence improperly denied… McMahon reversed. [Read more…]
Archives for 2024
Judge substitution, consolidated Informations
JUDGE SUBSTITUTION: Supervisory control granted reversing Grubich’s denial of substitution in convoluted case involving consolidation of 2 Informations… Order. [Read more…]
$112,000 verdict for drilling consultant, 0 for owner
VERDICT: $112,000 for Plaintiff oil drilling consultant, 0 for Counterclaimant project owner. [Read more…]
Tobacco sales, FDA preemption, preliminary injunction
TOBACCO SALES: Challenge to AG’s ban on sale of all of Canadian manufacturer’s products in Montana due to alleged adulteration/misbranding of 8 withdrawn products likely to succeed on FDA preemption claim, preliminary injunction improperly denied… Morris reversed (memorandum). [Read more…]
Settlements
Plan I
Valerie Leach, lung 9/22, disputed cervical and accepted thoracic back 5/23, Harlowton, MHN initiated benefits due & owing, disputes as to parts actually injured, degree of disability, wage loss, $70,000 new money for all claims, stipulated judgment; Matthew Murphy for Leach, Joe Maynard for MHN [Read more…]
Furnace fire, cause-in-fact, home destruction
FURNACE FIRE: Fact issues preclude summary judgment that furnace servicer was not cause-in-fact of fire that destroyed home… denial of motion to exclude Plaintiff’s experts because one was Zoom-averse not abuse of discretion… Berger reversed, affirmed. [Read more…]
Costs, subdivision variance summary judgment
COSTS: Bill of costs in subdivision variance summary judgment properly found timely, did not include unallowable costs… Allison affirmed (memorandum). [Read more…]
Marital, split property easement, erroneous COS
MARITAL: Correction of wife’s easement in split property based on erroneous COS may be made without involvement of non-party neighbor pursuant to Rule 60(b)(1)… Dayton reversed (memorandum). [Read more…]
Robbery by common scheme, jail “hazing” screening
ROBBERY BY COMMON SCHEME: Conviction of jail inmate in “common scheme” to haze new inmates by screening for drugs and/or stealing their possessions affirmed… remanded to strike conditions that were not in pronouncement… Seeley affirmed, reversed (memorandum). [Read more…]
Revocation, failure to pay full amount
REVOCATION: Suspended sentence improperly revoked based on alleged failure to pay full restitution… Recht reversed. [Read more…]
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