FELA: RR met burden for mitigation instructions as to injured laborer who refused modified position, Plaintiff failed to object to adequacy of pattern instructions… new trial denied [Read more…]
Attorney discipline, private admonitions
ATTORNEY DISCIPLINE: Challenge of private admonition accepted as original jurisdiction… lawyer denied due process by order to appear for private admonition on alleged RPC 4.2 violation for letter to MMA questioning its lawyers’ [Read more…]
Dram shop, 180-day notice, rehearing petition
DRAM SHOP: Rehearing denied on upholding 180-day notice for suing bars… order. [Read more…]
Rape/sexual assault, lesser-included, assistance
RAPE/SEXUAL ASSAULT/INEFFECTIVE ASSISTANCE/RESTITUTION: Sexual assault is lesser-included of rape under §46-11-410(2)(a) (1st impression), Defendant [Read more…]
Obstruction, lesbian relationship, hostile witness
OBSTRUCTION: Defendant and partner’s lesbian relationship improperly referenced at trial… partner properly treated as hostile witness, although better practice to establish hostility on direct rather than prior to testimony… Lympus affirmed, [Read more…]
Search/seizure, drugs, phone recordings, Goetz
SEARCH & SEIZURE: Sufficient evidence for search warrant for drugs without challenged phone recordings that preceded wired buys, not necessary to address request to extend Goetz to phone recordings… McNeil affirmed. [Read more…]
Bail jumping, “without lawful excuse”
BAIL JUMPING: Constitutional challenge of “without lawful excuse” rejected… McNeil affirmed (IOR I-3(d)(v)). [Read more…]
Judge substitution, postconviction
JUDGE SUBSTITUTION proper in postconviction proceeding where sentencing judge deceased… supervisory control of Cybulski granted… order. [Read more…]
Banking/wrongful discharge, “officer,” inducement
BANKING/WRONGFUL DISCHARGE: Terminated Plaintiff’s claims that he was fraudulently recruited from previous bank not preempted by WDA… fact issues as to whether contract [Read more…]
Qualified immunity, drug suspect arrest
QUALIFIED IMMUNITY properly granted to officer who arrested drug suspect in bar parking lot whose arrest was overturned by Montana Supreme Court for lack of probable cause… County Defendants not collaterally estopped from relitigating [Read more…]
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