MARITAL: Husband’s maintenance obligation terminated pursuant to §40-4-208(4) upon wife’s marriage since divorce agreement [Read more…]
Defendant restraints, no finding of last resort
DEFENDANT RESTRAINT: Defendant improperly shackled without finding of last resort, but record inadequate to conduct harmless [Read more…]
DUI, breath analyzer certification
DUI: BAC evidence incorrectly suppressed based on Gieser dicta which erroneously referred to weekly certification of breath [Read more…]
SVORA, Washington sexual motivation assault
SVORA: Judge properly determined as matter of law that Washington assault with sexual motivation was “sex offense” [Read more…]
Defense verdict, podiatry malpractice, retrial
VERDICT: Defense, podiatry malpractice, hammer toe surgery… retrial following reversal of prior defense verdict. [Read more…]
Insurance, fees in dec action against insurer
INSURANCE: Montana law recognizes insured’s right to recoup attorney fees in successful declaratory action against its [Read more…]
Endangered species, wolves, appropriations rider
ENDANGERED SPECIES: Despite separation of powers, rule of law concerns, 9th Circuit law dictates upholding rider to [Read more…]
Environment, Missouri River Breaks Monument
ENVIRONMENT: Upper Missouri River Breaks Monument management decisions approved… Haddon. [Read more…]
Settlements
Plan I
Joyce Kirk, no physical injury, 8/05, $24,000, Douglas Marshall [Read more…]
Sex discrimination, $75,000 inadequate for distress
SEX DISCRIMINATION: $75,000 inadequate emotional distress compensation for employee subjected to hostile work [Read more…]
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