PAROLE: No abuse of discretion in repeatedly denying parole for Defendant convicted of murder in 1973, infrequent reviews… habeas denied… order. [Read more…]
Arbitration, assertion of right, waiver, adhesion
ARBITRATION: Defendants asserted contractual right to arbitration in answer/jury demand within 90 days of service, separate motion not required… arbitration not waived by [Read more…]
Defense verdict, wrongful discharge, sports store
VERDICT: Defense, wrongful discharge, sporting goods employee… slander, punitives claims directed out. [Read more…]
Insurance, “insured auto” UIM exception
INSURANCE: Vehicle owned by husband & wife in which wife injured while husband driving within “insured auto” exception to “underinsured auto,” wife’s UIM claim following release of husband for $300,000 liability limits rejected… insurer not [Read more…]
Elections/standing, independent candidate petition
ELECTIONS/STANDING: Independent candidate for Senate and potential voter lacked standing at time of complaint (when decision to run had not been made) to challenge Montana [Read more…]
Job termination, injury v. RIF/restructure
Petitioner terminated due to RIF/restructure, not injury, chose not to apply for other positions for which she was qualified, not entitled to TTD, additional PPD, fees/costs/penalty… Shea. [Read more…]
Settlements
Plan I
Ron Stewart, multiple, 9 claims 10/83-8/91, disputed, $76,500, stipulated judgment; Chris Ragar for Stewart, Bryce Floch for NWE [Read more…]
Attorney fees, “offer,” “prevailing party,”
ATTORNEY FEES: Declined $2,500 offer not “offer of judgment,” Defendant unsuccessfully argued “no contract” on appeal, fees properly awarded to Plaintiff as prevailing party… rehearing denied… order. [Read more…]
Boundary, $27,104 v. $400,000 house removal
BOUNDARY: $27,103.50 to purchasers of lot encroached by adjacent owners due to unrecorded boundary change equitable, as opposed to removing house for $400,000… damages to be paid by seller who failed to record change… [Read more…]
Zoning, setback variance, modular home
ZONING: Actions to preserve setback variance for modular home rejected… Harkin affirmed (IOR I-3(d)(v)). [Read more…]
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