EMPLOYEE RIF: Dismissal of FMLA and retaliation claims reversed… dismissal of WDEA, ADA, ADEA claims affirmed… Watters affirmed, reversed (memorandum). [Read more…]
Settlements
Plan I
Lindsay Devine, 8/06, City of Helena, MMIA accepted liability for mild TBI, post-concussive syndrome, bilateral tinnitus, headaches, neck pain, cervical spondylosis, fatigue, C5 corpectomy with fusion, left pneumothorax, multiple facial lacerations, dispute as to hearing loss, $150,000 new money for all claims, stipulated judgment; Lindsay Devine, pro se, Morgan Weber for MMIA [Read more…]
Probate, equitable conversion, burned house
PROBATE: Equitable conversion properly applied to distribute insurance proceeds from burned house that had been devised by mother to son… Souza affirmed. [Read more…]
Unemployment insurance, insufficient service
UNEMPLOYMENT INSURANCE petition properly dismissed for insufficient service… Owen affirmed (memorandum). [Read more…]
DUI, disputed PSI improperly relied on for enhancement
DUI: Disputed PSI improperly relied on for felony enhancement… remanded for resentencing as misdemeanor… Harris reversed. [Read more…]
Postconviction, comp theft, dismissal of deferred
POSTCONVICTION petition seeking to continue litigating claim that Defendant was wrongfully convicted of comp theft properly dismissed as moot following requested dismissal of completed deferred imposition… Seeley affirmed (memorandum). [Read more…]
City Court appeal, Brady dismissal
CITY COURT APPEAL: Motion to dismiss City’s appeal of City Court’s Brady dismissal properly denied by District Court… Grubich affirmed (memorandum). [Read more…]
Easement, lake property access dispute
EASEMENT: Defendants in lake property access dispute have express easement over Plaintiffs’ property, implied easement by prior use, and prescriptive easement but not implied easement by necessity… Plaintiffs’ request to add claim of prescriptive easement over Defendants’ property denied… Defendants’ counterclaims for nuisance, interference with easements, and punitives remain for trial… Owen. [Read more…]
Mootness, rental management class action order
MOOTNESS: Appeal in rental management class action as to extension of termination mooted by expiration of order and clarification by Morris (memorandum). [Read more…]
Sentencing, “sporting exception” to gun possession
SENTENCING: Departure for “sporting exception” properly denied Defendant found with guns in vehicle on way home from hunting… Watters affirmed (memorandum). [Read more…]
- « Previous Page
- 1
- …
- 110
- 111
- 112
- 113
- 114
- …
- 892
- Next Page »