The Weekly Digest of Montana Law
By Frank
PHYSICIAN ASSISTED SUICIDE not violative of public policy exception to consent as defense to homicide, terminally ill patient’s consent to physician aid in dying constitutes statutory defense to charge of homicide against doctor when no other exceptions apply, not necessary to reach [Read more…]
By Frank
UTILITIES: Windpower wholesale rate properly remanded to PSC for redetermination… Tucker affirmed. [Read more…]
By Frank
EXCESSIVE FORCE/NEGLIGENT ARREST: No special duty under domestic abuse statutes protecting victim from officers’ negligence/excessive force negating Public Duty Doctrine, but special relationship exists during period of custody, but not [Read more…]
By Frank
Plan I
Ricky Villa, body systems, 5/06, $5,000, Russell Plath
Ranae Baker, knee, 1/02, $5,000, Andrew Utick [Read more…]
By Frank
INSURANCE: Duty to defend satisfied by attendance of adjuster rather than attorney at pre-litigation mediation… Deschamps affirmed. [Read more…]
By Frank
LOST INDUSTRIAL PARK OPPORTUNITY: Claim for lost profits in City’s takeover of property not subject to $750,000 cap… discovery sanction that City liable to developer precluded [Read more…]
By Frank
OFFER OF JUDGMENT: Judgment must be entered on accepted offer and notice of acceptance regardless of subsequent disagreements as to preclusive effect… supervisory control of Tucker granted… order. [Read more…]
By Frank
EXPERT: Supervisory control denied as to Neill’s refusal to exclude in advance of med-mal trial or hold Daubert hearing on defense expert testimony as to decedent’s alleged pre-surgery marijuana use… order. [Read more…]
By Frank
NOTE/PROCEDURE/FEES: Successor judges correctly overruled Henson’s summary judgment for Plaintiff… note specified individuals, not company, lender’s claim against [Read more…]
By Frank
AIRPORT: Fact issues preclude summary judgment as to whether City wrongfully restricted access to airplane business with security fence… Curtis reversed. [Read more…]