The Weekly Digest of Montana Law
By lilly
Plan I
Katherine Herbig, right shoulder, 3/21, Safeway, Kalispell, disputes as to wage loss, nature & extent of injury, need for future treatment, $68,000 for all claims, stipulated judgment; Wayne Olson for Herbig, Charlie Smith for Safeway [Read more…]
By lilly
INDIANS: Jurisdictional factors improperly weighed to determine that LLC is an arm of the Assiniboine & Sioux Tribes in oil & gas leases dispute… Laird reversed. [Read more…]
By lilly
SETTLEMENT AGREEMENT: Probate agreement for disposition of land properly found to have been repudiated by heir who failed to perform… Lint affirmed (memorandum). [Read more…]
By lilly
WITNESS TAMPERING/PRIVACY IN COMMUNICATIONS convictions affirmed over challenge to sufficiency of evidence, constitutionality of PIC statute, evidence of prior assault of girlfriend… Moses affirmed (memorandum). [Read more…]
By lilly
FRANKS hearing for deliberate homicide probable cause affidavit properly rejected, supervisory control of Menahan denied… order. [Read more…]
By lilly
ASSAULT conviction affirmed over claims of improper evidence of prior assault and speedy trial violation for improperly considering doctor “unavailable” witness… Morris affirmed (memorandum). [Read more…]
By lilly
DISCRIMINATION: EEOC Defendant barred by collateral estoppel of state $758,454.52 judgment from relitigating liability, back pay, front pay, emotional distress damages… EEOC’s claims for injunctive relief and punitives and Plaintiff’s claims for punitives and attorney fees/costs remain to be tried… Morris. [Read more…]
By lilly
Plan I
Kerie MacDowell, left wrist, 4/18, Costco, Kalispell, Costco accepted liability, paid medical & indemnity, disputes as to nature, extent, sequela, wage loss, work restrictions, impairment, employability, potential PTD status, need for past, current, or future treatments, $125,000 for all claims, stipulated judgment; Kraig Moore for MacDowell, Thomas Harrington for Costco [Read more…]
By lilly
MENTAL DISABILITY DISCRIMINATION: Student denied accommodations for medical licensing exam properly found to have missed deadline for HRB complaint by 2 days, petition for review properly denied… Spaulding affirmed. [Read more…]
By lilly
PARENTING: Income properly imputed to rancher for child support in light of ability to drive commercially… poison pen letter denigrating mother properly admitted over hearsay objection… primary custody to mother with limited visitation to father properly awarded… Harada affirmed (memorandum). [Read more…]