lilly – Page 705

$160,279 verdict, wrongful discharge, BON

March 10, 2012 By lilly

VERDICT: $160,279, wrongful discharge, Board of Nursing Executive Director. [Read more…]

Defense verdict, work comp bad faith, class action

March 10, 2012 By lilly

VERDICT: Defense, work comp bad faith (interest damages. emotional distress, punitives), class action. [Read more…]

Bankruptcy, legal malpractice, Barton doctrine

March 10, 2012 By lilly

BANKRUPTCY: Malpractice and other claims against former attorney alleging misconduct as UCC chair and against co-defendant lawyers subject to Barton, District Court lacks jurisdiction as Plaintiff did not seek leave from Bankruptcy Court… Bankruptcy Court not barred by Stern from proposed findings & conclusions… Molloy. [Read more…]

Course & scope, “on-call,” “remote worksite”

March 10, 2012 By lilly

Employee claiming non-credibly to be “on-call” when injured in camper explosion not in course & scope under Courser or “remote worksite” rule, injury not compensable… Shea. [Read more…]

Settlements

March 10, 2012 By lilly

Plan I

Dora Trevino, low back, 4/10, $6,000, Russell Plath

No lawyer: Tamara Paasch, low back, 00, $45,000; Katie Metcalf, [Read more…]

Irrigation ditch, private lateral

March 3, 2012 By lilly

IRRIGATION DITCH: Summary judgment properly granted that ditch company not obligated to maintain private lateral… McKinnon affirmed (IOR I-3(d)). [Read more…]

Drugs, meth precursors, “combination of,”

March 3, 2012 By lilly

DRUGS: Possession of 2 or more listed precursors with intent to make meth required to convict of felony possession of precursors, based on plural “precursors” and “combination of”… conviction reversed… McKeon reversed. [Read more…]

DUI, 911 report, later parked vehicle

March 3, 2012 By lilly

DUI: 911 report of suspected DUI contained sufficient indicia of reliability to support particularized suspicion as to pickup spotted parked 50 minutes later, sufficiently corroborated by officer, suppression properly denied… Townsend affirmed. [Read more…]

Dismissal, assault on officer, evidence mishandling

March 3, 2012 By lilly

DISMISSAL: State’s request for supervisory control to reverse Judge Reynolds’s dismissal of assault on an officer due to police mishandling of evidence denied, where other counts remain pending… order. [Read more…]

CPA, privity, defective home, seller’s engineer

March 3, 2012 By lilly

CPA: Following Montana Federal Court and majority of other jurisdictions, privity of contract not required for CPA claim… claim by purchasers of allegedly defective home viable against seller’s engineer… Boucher. [Read more…]