ATTORNEY WITHDRAWAL: Defendant’s acquiescence in attorney’s motion to withdraw properly construed as wanting to proceed pro se rather than asking for substitute, “seemingly substantial” inquiry not triggered.. Bidegaray affirmed (memorandum). [Read more…]
Archives for 2024
DUI, witness prior false reporting conviction
DUI: Defendant properly allowed to cross-examine witness as to details of her conviction for false reporting but not evidence of the conviction itself… Abbott affirmed (memorandum). [Read more…]
Med-mal damage cap constitutionality, $6 million verdict
MED-MAL DAMAGE CAP constitutional challenge rejected based on Meech, $6 million verdict for failure to timely prescribe “clot-buster” for stroke patient reduced to “nowhere close enough” $250,000… Kutzman. [Read more…]
Defense verdict, fetal death, parents’ pain & suffering
VERDICT: Defense, fetal death, parents’ pain & suffering. [Read more…]
Defense verdict, UM student loan refunds class action
VERDICT: Defense, UM student loan refund procedures class action. [Read more…]
Bench judgment, partnership ownership interests
BENCH JUDGMENT: Findings of no material breach of LPA in assignment of interest in Low-Income Housing Tax Credit project without partner’s consent and order of specific performance of Option to purchase affirmed… Morris affirmed (memorandum). [Read more…]
Settlements
Plan II
Gregory McFadden, neck, thoracic spine, left upper extremity, delivery driver, Midwest Motor Express, Missoula, Liberty accepted liability, paid medical & indemnity, disputes include wage loss, restrictions, impairment, employability, $140,000 for all claims, stipulated judgment; Dean Blackaby for McFadden, Thomas Harrington for Liberty Mutual Ins. [Read more…]
Partnership expulsion, no longer reasonably practicable
PARTNERSHIP: CPA in rental partnership expelled for reasons unrelated to tax fraud incarceration that continuation is no longer reasonably practicable… Marks affirmed. [Read more…]
Stay pending appeal, greenhouse gas/climate rulings
STAY PENDING APPEAL denied as to Seeley’s denial of stay from her rulings in favor of youths requiring State agencies to consider greenhouse gas emissions and climate impacts in MEPA analyses… order. [Read more…]
Default divorce, attorney failure to make appearances
DEFAULT DIVORCE: Decree properly set aside under Rule 60(b)(6) for attorney’s failure to make court appearances… Halligan affirmed (memorandum). [Read more…]
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