YOUTH: Original adult sentence improperly imposed following CCYA hearing… Larson reversed. [Read more…]
Archives for 2025
Jurisdiction, no CAFA amount-in-controversy jurisdiction
JURISDICTION: GEICO failed to show the amount in controversy necessary to establish jurisdiction under either CAFA or traditional diversity jurisdiction, may present additional evidence and assumptions on remand… Morris reversed (memorandum). [Read more…]
SSD digestive claim properly denied
SSD: Digestive issues claim properly denied… Johnston affirmed (memorandum). [Read more…]
Drugs, traffic stop of parolee
DRUGS: Traffic stop correctly extended when officers discovered Defendant was on parole, consent to then search vehicle was voluntary… suppression of meth properly denied… Molloy affirmed (memorandum). [Read more…]
Settlements
Plan I
Nanette Barnard, right shoulder, cervical, 5/24, CNA, Benefis, Great Falls, Brentwood paid some benefits under reservation, denies overall liability for any cervical injury, disputes include liability for prior and ongoing treatment related to cervical and CT conditions, $45,000 new money for all claims, stipulated judgment; Leanora Overturf for Barnard, Geoffrey Keller for Benefis Health Systems [Read more…]
Construction contract, $60,512.60 verdict to excavator
CONSTRUCTION CONTRACT: $60,512.60 verdict to excavator for breach of contract affirmed over property owner’s appeal of refusal to instruct on “construction defect” and negligence… Whelan affirmed. [Read more…]
Mental commitment, 1-year recommitment jurisdiction
MENTAL COMMITMENT: 1-year recommitment to NCC affirmed over claim of lost jurisdiction… Perry affirmed. [Read more…]
Common law marriage properly not found
COMMON LAW MARRIAGE properly not found… Allison affirmed (memorandum). [Read more…]
DUI, closing by Defendant who chose not to testify
DUI: Felony conviction affirmed over challenge by pro se Defendant found intoxicated in single-vehicle MVA who chose not to testify to not being allowed to make statements in closing not made under oath at trial… Wilson affirmed. [Read more…]
Defense verdict, failure to timely diagnose cholecystitis
VERDICT: Defense, med-mal, alleged failure to timely diagnose acute cholecystitis. [Read more…]
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