Montana Law Week

The Weekly Digest of Montana Law

Solicitation of SIWC/Sexual Abuse of Children

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SOLICITATION OF SIWC/SEXUAL ABUSE OF CHILDREN: Sexual abuse conviction reversed due to improper result-based instruction of “knowingly” in relation to sexual pictures of child on Defendant’s phone allegedly taken by child… result-based instruction properly applied to solicitation… Seeley affirmed, reversed (memorandum). [Read more…]

Construction defects, suit remains alive per clarification

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CONSTRUCTION DEFECTS: Suit involving apartment building that was destroyed due to soil movement remains alive pursuant to Court’s ruling on Plaintiffs’ requested “clarification” of summary judgment rulings which Defendant construed as resulting in dismissal of entire case… Hayworth. [Read more…]

Settlements

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Plan I

Thomas Lowry, right knee, left ankle, 11/19, clinical support clerk, Providence Health & Services, Missoula, Providence accepted liability, subsequently accepted liability for low back as sequela of initial injury, paid appropriate medical & indemnity, Petitioner allegedly sustained a low back OD in 12/21 while employed as a transportation representative, Providence denied liability, disputes as to nature, extent, compensability, sequela, extent of wage loss, work restrictions, impairment, estoppel by silence as a result of concealment of permanent restrictions when he applied for work, current surgical status, employability, potential PTD, need for past, current, or future medical, $150,000 for all claims, stipulated judgment; David Lighthall for Lowry, Thomas Harrington for Providence Health & Services [Read more…]

Attorney disqualification, failed real estate sale

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ATTORNEY DISQUALIFICATION: Appellant’s motion to disqualify all attorneys approached by Appellees’ attorney seeking assumption of representation after attorney who had represented Appellant joined Appellees’ attorney’s firm denied… “troubling” that Appellant’s attorney “cavalierly accuses other attorneys of serious ethical violations without evidentiary support,” substance of motion considered given seriousness of accusations despite double the permitted length… motion to default Appellees over answer brief filing extension dispute denied as likewise wholly lacking merit… order. [Read more…]