ATTORNEY DISCIPLINE: Complaint filed for Garry Seaman who pled guilty to deliberate homicide and attempted deliberate homicide in love triangle shooting… ODC. [Read more…]
Retaliation, $377,944 HRC award exceeded authority
RETALIATION: Finding of retaliation against DOC Government Relations Director for participating in investigation of sexual harassment allegations against DOC Director and award of $377,944 exceeded statutory authority in rejecting HO’s conclusions of no retaliation… Holien affirmed, HRC FAD reversed… McMahon. [Read more…]
$112,000 verdict, hotel slip & fall, CRPS
VERDICT: $112,000, hotel slip & fall, admitted liability, CRPS. [Read more…]
Insurance, UM, “temporary substitute” vehicle
INSURANCE: Employee injured while driving personal vehicle not covered for UM under “temporary substitute” provision of employer’s policy… Cavan/Watters affirmed (memorandum). [Read more…]
Settlements
Plan II
Fred Walton, right ankle, pelvis, ribs, 12/20, rollover while working as contract driver with FSW, Augusta, Protective accepted liability for ankle and ribs, denied liability for right upper extremities including shoulders, $100,000 for all claims, stipulated judgment; Leanora Overturf for Walton, Joe Maynard for Protective Ins. [Read more…]
Wrongful discharge, Flathead Basin Commission ED
WRONGFUL DISCHARGE: Flathead Basin Commission ED properly found to be employee of DNRC which had good cause to terminate her for financial improprieties… Seeley affirmed. [Read more…]
State employee pay, FWP “one rate” system
STATE EMPLOYEE PAY: Full requested backpay properly awarded FWP employee pursuant to “one rate” system, but no basis for award of attorney fees… Fehr affirmed, reversed. [Read more…]
COVID masking, school mandates
COVID MASKING: Substantive due process challenge to school mask mandates properly rejected on summary judgment… Marks affirmed. [Read more…]
Stalking, uncharged acts for “course of conduct”
STALKING: State improperly bolstered charges with uncharged acts to meet “course of conduct” definition of “two or more acts,” conviction reversed… Best reversed. [Read more…]
$2,221,839 verdict, apartment building earthwork
VERDICT: $2,221,839, breach of subcontract by earthwork subcontractor resulting in demolition of apartment building due to movement from lack of soil compaction and foundation drainage. [Read more…]
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