JUSTICE RECUSAL: CJ not required to disqualify himself since he did not personally participate as AG in Defendant’s appeal… petition for rehearing denied… order. [Read more…]
Justice recusal, motion deemed denied
JUSTICE RECUSAL: Motion for recusal of CJ filed day after denial of rehearing deemed denied… CJ did not participate in rehearing decision… order. [Read more…]
Settlements
Plan I
No lawyer: Jeremy Phillips, low back, 09, disp, $1,000; Roger Marum, knee, 04, $28,664 [Read more…]
Product liability, child car seat, death
PRODUCT LIABILITY: Child safety seat maker’s invitation to adopt Restatement for admissibility of regulations as to liability for defective design declined, compliance with FMVSS “minimal standards” irrelevant to design defect claim… prior model substantially similar to death accident model, evidence as to recall/test failures of earlier model [Read more…]
Venue, multiple defendants
VENUE: Because no county proper for both defendants on all claims, Defendant not entitled to change venue from county where suit filed… Baugh reversed. [Read more…]
Arbitration, tobacco settlement dispute
ARBITRATION: Rehearing denied in ruling that arbitration not required for Montana claims in tobacco settlement dispute… order.
The Court 8/5/09 reversed Judge Honzel’s order granting tobacco [Read more…]
Amicus brief, untimely, unnecessary
AMICUS brief denied as untimely, unnecessary… order.
Electronic Privacy Information Center requests leave to file an amicus brief in support of Plaintiffs/Appellants. The motion was filed 8/17/09 and is opposed [Read more…]
Marital, property, fees, maintenance
MARITAL: Development property properly found to be all marital asset rather than partly partnership asset between husband and father… fee award affirmed due to lack of transcript… property equalization cash, property that was readily convertible to cash, not income-producing for maintenance purposes… Curtis affirmed. [Read more…]
Restitution, funeral expenses, tampering
RESTITUTION: Funeral expenses paid by VOCAP properly ordered reimbursed by Defendant convicted of tampering with evidence to hide running over primary victim… Christopher affirmed. [Read more…]
DUI, 4th-offense predicates, equal protection
DUI: “DUI (3rd)” amended to “DUI (2nd)” properly counted as 3rd DUI for 4th-offense purposes… felony statute, progressive DUI penalties not violative of equal protection… Deschamps affirmed. [Read more…]
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