The Weekly Digest of Montana Law
By lilly
Plan I
Diana Nelson, knee 9/22, shoulder 1/23, right knee & right hand 1/23, Billings, MHN initiated all benefits due & owing but ultimately denied liability for 9/22 knee, disputes as to preexisting conditions, reasonable medical, extent of any aggravations, $20,000 for all claims, stipulated judgment; Leslae Dalpiaz for Nelson, Joe Maynard for MHN [Read more…]
By lilly
DELIBERATE HOMICIDE: Failure to object to Prosecutor’s improper or borderline improper statements and comments regarding Defendant accused of disappearing his girlfriend not ineffective assistance especially in light of independent evidence of guilt and his own trial admissions… Best affirmed (memorandum). [Read more…]
By lilly
SEXUAL ASSAULT: Claims of inadequate Miranda and coercive interrogation properly rejected… Moses affirmed (memorandum). [Read more…]
By lilly
DUI: Claim of improper prosecutorial comments on Defendant’s credibility and credibility instruction rejected… Holly Brown affirmed (memorandum). [Read more…]
By lilly
WRONGFUL DISCHARGE: Complaint improperly dismissed based on inclusion of improper marital discrimination claims… Rienne McElyea reversed (memorandum). [Read more…]
By lilly
EASEMENT: Preliminary injunction properly denied as to construction equipment’s minor expanded use of easement… Wilson affirmed (memorandum). [Read more…]
By lilly
DEFAULT: Entry of default against contractor improperly set aside without consideration of all Cribb factors in the manner discussed in Engelsberger (which had not been brought to Judge’s attention)… Ulbricht reversed (memorandum). [Read more…]
By lilly
BOUNDARY RELOCATION agreement enforced over dispute as to unwritten “jog” in the fence line v. a corner depicted in COS… Berger affirmed (memorandum). [Read more…]
By lilly
ATTORNEY DISCIPLINE: Maribeth Hanson suspended for failure to respond to OD and meet her client obligations… order. [Read more…]
By lilly
SEXUAL HARASSMENT: Rehearing of decision that HRC’s “front pay” of $505,957 was improperly increased to $1,379,338 by Laird rejected… order. [Read more…]