PROTECTIVE SEARCH reasonable when officer saw subject of noise complaint at 2 a.m. sitting in vehicle with shotgun next to him… unloading the gun before allowing Defendant to return to his car evolved into sawed-off shotgun charge… motion to suppress properly denied… Watters affirmed (memorandum). [Read more…]
Archives for 2024
Insurance, UTV crash, $1.6 million consent judgment
INSURANCE: Insurer failed to unequivocally demonstrate that UTV was not designed for operation principally on public roads and could never be a Covered Auto, now liable for $1.6 million consent judgment plus interest and attorney fees for failure to defend rollover injury claim rather than only $25,000 policy limit it would have risked had it filed declaratory action… Watters. [Read more…]
Settlements
Plan I
John Ricker, left shoulder, 12/21, Smith’s Foods, Bozeman, disputes as to wage loss, nature/extent of injuries, future treatment, $33,000 for all claims, stipulated judgment; Megan Miller for Ricker, Charlie Smith for The Kroger Co. [Read more…]
Contract/fraud, $164,875 verdict, NSF loan repayment
CONTRACT/FRAUD: Verdict of $64,875 for breach of contract and $100,000 for constructive fraud stemming from NSF check presented to repay investment loan affirmed… Knisely affirmed (memorandum). [Read more…]
Consent to judgment by debtor improperly rejected
CONSENT TO JUDGMENT by credit card debtor improperly rejected possibly on misunderstanding that it was a cognovit judgment… Harris reversed. [Read more…]
Easement, land-locked mining claim, injunction
EASEMENT: Preliminary injunction properly granted barring purchasers of land-locked mining claim from access across neighboring property pending resolution of litigation… Seeley affirmed (memorandum). [Read more…]
Easement, rehearing of cattle trailing opinion denied
EASEMENT: Rehearing of cattle trailing opinion denied… order. [Read more…]
Appeal bond, $659,350 to stay ranch buy-sell judgment
APPEAL BOND: Requests for relief from Gilbert’s requirement of $659,350.43 bond to stay judgment pending appeal of ranch buy-sell judgment denied… order. [Read more…]
Sua sponte parenting plan rejected on supervisory control
PARENTING: Supervisory control granted vacating sua sponte parenting plan by Judge Christopher for injecting her own parenting experiences into largely amicable proceeding to order immediate custody of 5-year-old to Oregon father for 5 years with no contact by mother without proper consideration of best interest factors… remanded for transfer to Judge Owen and restoration of custody to mother pending a final parenting plan… order. [Read more…]
SIWC, “knowingly” withdrawn consent
SIWC: Jury improperly instructed with high-probability-of-a-fact definition of “knowingly” for the element of “without consent” rather than a conduct-based definition in situation of withdrawn consent… conviction reversed, remanded for retrial… Larson reversed. [Read more…]