Montana Law Week

The Weekly Digest of Montana Law

Railroads, shortline res judicata rulings on remand

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RAILROADS: Federal case affirming arbitration award against shortline operator res judicata as to State Court case brought by State on behalf of operator… Supreme Court’s interpretation of BN’s obligations following arbitration is law of case… BN’s repudiation of per-car payments in favor of arrangement by which BN and shortline operator separately set their [Read more…]

Attorney fees, insurance class settlement

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ATTORNEY FEES/CLASS SETTLEMENT: $1,650,408 fees awarded based on 25% contingency in settlement of wrongful premium retention class action valued at $6,601,633 (constructive common fund) which Plaintiffs contend is minimum payout and Defendant contends is maximum… $300,000 lodestar urged by Defendant rejected as windfall… [Read more…]

Autopsy/arrest/jail, child death, immunity

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AUTOPSY/ARREST/IMPRISONMENT: Medical examiner statutorily immune from reporting that “manner of death” of child was homicide based on babysitter’s later recanted claim that she collapsed while he held her hand crossing the street when later investigation disclosed that she was run over by bus… public duty challenge not addressed… false arrest/imprisonment for deliberate homicide precluded by probable [Read more…]

Suicide liability, troubled teen school, foreseeability

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SUICIDE LIABILITY: Foreseeability evidence improperly limited to what troubled student knew; what operator of tough love boarding school and entity providing program policy knew and whether it was designed to treat suicidal teens also relevant… settlement of school did not settle [Read more…]

Rape, prosecutor comments, “incapable of consent,”

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RAPE: Prosecutor’s opening & closing comments on credibility of accuser and accused, reference to sidestepping on direct, and invocation of God insufficient for plain error review, failure to object not ineffective assistance… “incapable of consent” theories not impermissibly changed from sleep to sleep or intoxication… conviction affirmed… J. Brown, affirmed. [Read more…]