The Weekly Digest of Montana Law
By lilly
Plan I
James Anthony, multiple, 12/21, single vehicle collision, Stillwater Mining, Columbus, Stillwater accepted liability, paid medical & indemnity, disputes as to future indemnity & medical including further treatment for right shoulder, $75,000 for all claims, stipulated judgment; Greg Overturf for Anthony, Marina Tucker for Stillwater [Read more…]
By lilly
INSURANCE: Insurer had no duty to defend/indemnify contractor for claims by homeowners alleging negligence in failing to pay landscaping subcontractor… claims cannot be construed as construction defect property damage… Menahan affirmed. [Read more…]
By lilly
WRONGFUL DISCHARGE: Inability of DOC HR Director to provide truthful information during investigation into her recordings constituted good cause for termination regardless of disputes as to whether recordings were surreptitious… Seeley affirmed. [Read more…]
By lilly
ATTORNEY DISCIPLINE: Matthew Lowy suspended for at least 1 year for failing to respond to ODC regarding a Judge’s concerns about his representation of a client (order). [Read more…]
By lilly
ATTORNEY DISCIPLINE: Joseph Howard suspended for 30 days for failures in representation of criminal defendant… order. [Read more…]
By lilly
INDIANS: State Court lacked jurisdiction over custody dispute because alleged torts occurred either on Blackfeet Reservation or arose out of Tribal Court proceedings… Olson affirmed (memorandum). [Read more…]
By lilly
AGGRAVATED BURGLARY: Conviction for entering house and climbing atop sleeping woman affirmed over speedy trial and instruction challenges… sentence based on incorrect information… Whelan affirmed, reversed. [Read more…]
By lilly
SPEEDY TRIAL: 671 days of total 861 properly attributed to deliberate homicide Defendant convicted in 2nd trial following reversal of 1st, speedy trial claim properly denied… Todd affirmed. [Read more…]
By lilly
ASSOCIATION STANDING: Dispute over proceeds from sale of Masonic Temple resolved on summary judgment in favor of Grand Lodge and against constituent lodge and former Grand Master for lack of standing… Wilson. [Read more…]
By lilly
Plan I
Jeffrey Gage, low back, 6/09, Loaf N Jug Mini Mart, Great Falls, Kroger accepted liability, paid all benefits due & owing, disputes as to nature & extent of injury and future treatment, $270,854 new money for all claims ($200,854 MSA, $70,000 cash), stipulated judgment; Matthew Murphy for Gage, Charlie Smith for The Kroger Co. [Read more…]