COMPARATIVE NEGLIGENCE/AG NOTICE: Extension to notify AG of “unclear” constitutional challenge to §27-1-703 denied in appeal of 30% reduction of $7,490,000 verdict for 18 [Read more…]
Partnership, receiver, vacate premises
PARTNERSHIP: Receiver properly appointed to operate resort, Plaintiffs properly ordered to vacate premises… Jones affirmed (IOR I-3(d)(v)). [Read more…]
Environment, CBM, CWA pre-discharge standards
ENVIRONMENT: CWA’s pre-discharge treatment standards apply to Montana, CBM permits improperly granted without pre-discharge standards… Jones reversed. [Read more…]
Sentencing, 15-year DOC commitment, revocation
SENTENCING: 15 years to DOC with no time suspended proper upon finding violation of original suspended sentence for felony DUI… marijuana use not improperly considered in revocation… Langton affirmed. [Read more…]
Sentencing, street credit, habeas
SENTENCING: Prisoner should be credited with 193 days street time, ordered released… habeas granted. [Read more…]
Verdict, defense, med-mal, epidural injection
VERDICT: Defense, medical malpractice, claimed CRPS in arms resulting from epidural injection. [Read more…]
FELA, RR/car company “subservant” employer
FELA: Injured welder raised triable fact issue as to whether subsidiary car company was employer under “subservant” of RR theory… Molloy reversed. [Read more…]
Assault with weapon, sufficiency of evidence
ASSAULT WITH WEAPON: Judgment of acquittal properly denied as to intentional striking with specific intent to do harm by whiskey drinking Defendant… Haddon affirmed [Read more…]
Settlements
Subdivision, major, denial, ranch/safety/schools
SUBDIVISION: Application for major subdivision properly denied due to impacts on ranch, schools, public health/safety… County properly awarded $30,197 for [Read more…]
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