FOOD TRUCK IN COUNTY PARK: Prohibition against food truck in park without permission not unconstitutionally vague as applied to operator who had county license for truck… conviction affirmed… Cuffe affirmed (memorandum). [Read more…]
Archives for 2024
SSD, MS claimant, denial affirmed 2-1
SSD properly denied for MS Claimant… Kelley/Cavan affirmed 2-1 (memorandum). [Read more…]
Settlements
Plan II
Robert Riddle, right knee, 4/23, Bish’s RV, Kalispell, disputes as to wage loss, nature & extent of injuries, future treatment, $90,000 for all claims, stipulated judgment; Alex Evans for Riddle, Charlie Smith for AIU Ins. [Read more…]
Scuba diving death, equipment rentals
WRONGFUL DEATH: Claims against scuba center for renting equipment involved in diving death properly rejected on summary judgment… Marks affirmed. [Read more…]
Preliminary injunction/agister’s lien, 2023 revisions
PRELIMINARY INJUNCTION/AGISTER’S LIEN: 2023 preliminary injunction revisions reconciled with Winter, applicant must make showing as to all 4 factors under 9th Circuit’s serious questions framework… District Court addressed only irreparable injury, remanded to make supplemental findings & conclusions as to all factors… preliminary injunction is available for agister’s liens… Rieger reversed. [Read more…]
Landlord-tenant, Justice Court damages jurisdiction
LANDLORD-TENANT: Justice Court lacked jurisdiction to award RTLA damages ($58,753.73) in excess of the $15,000 general limit… Harada reversed. [Read more…]
Restitution, murder lifer’s general indigency objection
RESTITUTION: Homicide lifer’s general objection based on indigency did not amount to affirmative request for relief from $34,728.14 restitution… Vannatta affirmed. [Read more…]
Legal malpractice, bootstrap to class settlement
LEGAL MALPRACTICE: Attempt to bootstrap malpractice claim by Ohio hotel corporation which manages Hiltons in Montana against Philadelphia insurer’s San Francisco adjusters into Montana via $4,031,519 class settlement with Montana hotels properly rejected for lack of specific personal jurisdiction…Vannatta affirmed. [Read more…]
Probate, video leaving all to brother not valid will
PROBATE: Video leaving all possessions to brother properly held not to constitute a valid will… Wald affirmed. [Read more…]
Failure to prosecute $5,157,580 default judgment
FAILURE TO PROSECUTE: Dismissal of $5,157,580.10 default judgment case after “nine years of madness” affirmed… Allison affirmed (memorandum). [Read more…]
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