The Weekly Digest of Montana Law
By lilly
Plan I
John Ricker, left shoulder, 12/21, Smith’s Foods, Bozeman, disputes as to wage loss, nature/extent of injuries, future treatment, $33,000 for all claims, stipulated judgment; Megan Miller for Ricker, Charlie Smith for The Kroger Co. [Read more…]
By lilly
CONTRACT/FRAUD: Verdict of $64,875 for breach of contract and $100,000 for constructive fraud stemming from NSF check presented to repay investment loan affirmed… Knisely affirmed (memorandum). [Read more…]
By lilly
CONSENT TO JUDGMENT by credit card debtor improperly rejected possibly on misunderstanding that it was a cognovit judgment… Harris reversed. [Read more…]
By lilly
EASEMENT: Preliminary injunction properly granted barring purchasers of land-locked mining claim from access across neighboring property pending resolution of litigation… Seeley affirmed (memorandum). [Read more…]
By lilly
EASEMENT: Rehearing of cattle trailing opinion denied… order. [Read more…]
By lilly
APPEAL BOND: Requests for relief from Gilbert’s requirement of $659,350.43 bond to stay judgment pending appeal of ranch buy-sell judgment denied… order. [Read more…]
By lilly
PARENTING: Supervisory control granted vacating sua sponte parenting plan by Judge Christopher for injecting her own parenting experiences into largely amicable proceeding to order immediate custody of 5-year-old to Oregon father for 5 years with no contact by mother without proper consideration of best interest factors… remanded for transfer to Judge Owen and restoration of custody to mother pending a final parenting plan… order. [Read more…]
By lilly
SIWC: Jury improperly instructed with high-probability-of-a-fact definition of “knowingly” for the element of “without consent” rather than a conduct-based definition in situation of withdrawn consent… conviction reversed, remanded for retrial… Larson reversed. [Read more…]
By lilly
INCEST and other counts related to ongoing sex with adopted daughter affirmed… Todd affirmed. [Read more…]
By lilly
YOUTH: Unnecessary to adopt modified criteria for youth court ineffective assistance claims as youth accused of sex offenses was not prejudiced by failure to object to hearsay under any standard… Seeley affirmed. [Read more…]