SENTENCING: Parole conditions illegal, may be restated as recommendations… $225,149 restitution of past medicals proper, unspecified amount of future medicals improper… [Read more…]
Ineffective assistance, prejudice standard
INEFFECTIVE ASSISTANCE: Petition for rehearing granted on claim by Defendant of improper ineffective assistance prejudice standard (certainty v. reasonable probability of [Read more…]
Trusts/securities, unlicensed business trusts
TRUSTS/SECURITIES: Unlicensed pseudo-legal gibberish business trusts purporting to convey Montana property to new age guru invalid, request to allow grace period for licensing denied… Estate entitled to return of $10,000 trust preparation fee plus 10% interest, to attorney fees for violation of [Read more…]
Insurance, auto deletion error, mutual intent
INSURANCE: Policy properly reformed to reflect mutual intent to delete accident vehicle (subject of $400,000 consent judgment)… Lynch/Cebull affirmed (unpublished). [Read more…]
SSD, overpayment repayment waiver
SSD: Waiver of repayment of overpayment properly denied… Ostby affirmed (unpublished). [Read more…]
Sentencing, re-entry of deported alien
SENTENCING: 54 months for re-entry of alien affirmed… Haddon affirmed (unpublished). [Read more…]
Insurance, CGL endorsements ambiguity
INSURANCE: Ambiguous CGL endorsements construed against insurer so that general contractor is additional insured with blanket coverage under policy obtained by supplier… [Read more…]
Railroads, shortline, payment terms relitigation
RAILROADS: Shortline operator (CMR) as assignee of State not allowed to voluntarily dismiss long-running Federal Court litigation to allow State to re-litigate in State Court claims lost in Federal Court… claims for $9.8-$56.6 million for lost [Read more…]
Settlements
Attempted tampering, alleged rape, fingers DNA
ATTEMPTED TAMPERING: Defendant did not make unambiguous request for counsel during interrogation despite several references to “lawyer,” suppression properly denied… [Read more…]
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