Montana Law Week

The Weekly Digest of Montana Law

Settlements

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Plan II

John Vein, multiple 4/17, shoulder 4/17, abdomen 5/17, knee 3/18, elbow 11/18, abdomen 4/19, low back 7/29, low back 4/21, in or around Missoula, Hartford initiated all benefits due & owing, MMI achieved, impairment assigned, restrictions imposed, disputes as to wage loss, ability to return to work, ongoing medical, $78,350 for all claims, stipulated judgment; Thomas Murphy for Vein, Joe Maynard for Hartford Ins. of the Midwest, Hartford Accident & Indemnity, and Hartford Underwriters Ins. [Read more…]

Orders of protection, unsupported modification motion

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ORDERS OF PROTECTION: 4th motion to modify properly denied without a hearing for failure to provide legal or factual support… attorney fees/costs properly awarded for frivolous motion, appeal fees/costs awarded for “blatant misrepresentation” in brief and meritless arguments… Olson affirmed (memorandum). [Read more…]

Witness tampering, deter testimony about burning dog

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WITNESS TAMPERING: Sufficient evidence that Defendant threatened witnesses to intimidate them from testifying about Defendant lighting their dog on fire as opposed to merely threatening to sue them for slander (which also is tampering)… prosecutorial misconduct claims insufficient for plain error review… attorney’s failure to object to prosecutor’s comments may have been strategic… convictions affirmed… Cuffe affirmed. [Read more…]

Insurance, anti-concurrent cause, certified question

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INSURANCE: Questions certified to Montana Supreme Court as to effect of anti-concurrent cause clause in policy vis-à-vis efficient proximate cause doctrine regarding claim of house settling damage due to water leak under slab which Watters determined was excluded by Earth Movement Exclusion… order. [Read more…]