Montana Law Week

The Weekly Digest of Montana Law

Post-verdict, request to “correct” $657,000 MVA verdict

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POST-VERDICT RULINGS: Plaintiff’s request to “correct” his verdict for damages incurred by boxes falling from truck to reflect via 9 juror affidavits that jury made “clerical error” in finding $657,000 “total” damages to be reduced by his 35% fault when it intended $657,000 to be the “net” award denied on basis that affidavits not admissible to impeach the verdict… Defendant’s motion to offset SSDI denied as Plaintiff would not be fully compensated in light of 35% fault reduction (1st impression)… pre-judgment interest awarded on $25,000 medicals award even though the stipulated amount was more… Davies. [Read more…]

$5,826,023 verdict/judgment, fraudulent ARD claims

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VERDICT: $1,081,265 verdict trebled by Judge Christensen to $3,243,795 damages for false or fraudulent ARD claims by CARD plus $2,582,228 False Claim Act penalties for total of $5,826,023 to US with Qui Tam Relator BNSF awarded 25% of total proceeds plus fees/costs (claim for $1.4 million pending). [Read more…]

Youth jurisdiction, Pine Hills inmate’s assaults

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YOUTH JURISDICTION: District Court properly exercised jurisdiction over misdemeanor spit assault as arising out of felony assault on officer by Pine Hills detainee but improperly exercised jurisdiction over 3 other misdemeanors… $200 statutory charge improperly imposed on suspended (as opposed to “levied”) $2,000 fine… Hayworth affirmed, reversed. [Read more…]