The Weekly Digest of Montana Law
By Frank
PUBLIC DEFENDER: OAD not required to pay for appeal transcripts on behalf of private lawyer retained by indigent who was represented at trial by OSPD… mandamus petition by OAD seeking to compel private attorney to file notice of appeal denied for lack of standing, cross-mandamus petition [Read more…]
By Frank
FLOODPLAIN/SANCTIONS: $116,459 Rule 11 sanctions awarded County for unnecessary expenses for investigating/enforcing homebuilders’ unpermitted fill in floodplain in face of repeated denials, defending against suit [Read more…]
By Frank
ENVIRONMENT: Additional analysis ordered on effects of aerial fire retardant on endangered/threatened species, use in emergencies… final decision ordered by 12/31/11 or possible contempt… Molloy. [Read more…]
By Frank
Plan I
Rick Gelling, low back, 6/09, 4/07, disputed further wage loss, total, $170,000 new money, stipulated judgment; William Joyce for [Read more…]
By Frank
RESIDENTIAL LANDLORD/TENANT: Future rent wrongfully deducted from security deposit when tenants terminated… accelerated rent provision unconscionable adhesion, improperly let landlord collect 8 months rent while offering [Read more…]
By Frank
HEALTH CARE INFORMATION claims against MVA lawyer’s subpoena of medical records rejected… Salvagni affirmed (IOR I-3(d)(v)). [Read more…]
By Frank
LAWYER DECEIT: Claims by bankruptcy debtor against creditor’s lawyers properly rejected… Salvagni affirmed (IOR I-3(c)). [Read more…]
By Frank
ROAD EASEMENT: Width properly based on historical use, “estimate” in feet dictum, properly used for subdivision access… appeal sanctions denied… Prezeau affirmed (IOR I-3(d)(v)). [Read more…]
By Frank
PROCEDURE: Stay pending appeal of easement judgment properly granted by Prezeau… order.
Following trial and entry of judgment for Defendants, Plaintiffs [Read more…]
By Frank
LAWYER ADVERTISING rules amended… order. [Read more…]