DISORDERLY CONDUCT: Conviction related to quarrel at basketball game and interaction with Police Chief affirmed over challenge to amended Information which added bases for charge, failure of Judge to give specific unanimity instruction, and alleged “vindictive prosecution”… Salvagni affirmed (memorandum). [Read more…]
Vaccination anti-discrimination, HB 702 enjoined
VACCINATION ANTI-DISCRIMINATION: HB 702 permanently enjoined as unconstitutional and preempted by federal law as applied in healthcare settings… Molloy. [Read more…]
Settlements
Plan I
Clayton Christofferson, knee, 10/90, 7/00, 6/01, 2/08, 12/11, 3/13, 10/14, 12/14, 3/21, 8/21, NWE, Missoula, NWE accepted claim, paid all benefits due & owing, disputes as to PTD, other benefits, relationship of left knee to the claim, $78,000 for all claims, stipulated judgment; Leslae Dalpiaz for Christofferson, Todd Hammer for NWE [Read more…]
Marital, Montana annulment v. Maryland petition
MARITAL: Montana default annulment properly set aside out of comity for first-filed Maryland petition… Menahan affirmed (memorandum). [Read more…]
DUI, “anticipatory” DUIs as felony predicates
DUI: Supervisory control of Marks to permit anticipatory DUIs to count toward felony denied… order. [Read more…]
Sexual harassment, $758,454.52 damages, $519,837 fees
SEXUAL HARASSMENT: HRC correctly determined that electric co-op office manager was subjected to severe and/or pervasive sexual harassment by GM and not mere “flirting” and was retaliated against… HRC’s “front pay” of $505,957 improperly increased to $1,379,338 by Court, proper damages total is HRC’s $758,454.52… $519,837 fees properly awarded, enhancement properly rejected… Laird affirmed, reversed. [Read more…]
Contract, farm corporation share purchase agreement
CONTRACT: 1978 family farm corporation share purchase agreement did not constitute novation of 1973 agreement, corporation properly entitled to purchase shareholder’s shares for price designated by directors in 2017 pursuant to 1973 agreement… Oldenburg affirmed. [Read more…]
Attorney discipline, failure to communicate with client
ATTORNEY DISCIPLINE: Joseph Connors suspended for 30 days, probation for 2 years, for failing to communicate with or perform services for client… order. [Read more…]
Aborted employment, sheriff’s deputy, promised jail job
ABORTED EMPLOYMENT: Sheriff’s Deputy had valid contract offer to move to position of Detention Center Administrator although no specific written contract, is entitled to jury trial on amount of contract damages for County’s breach but not to tort damages for breach of covenant… Wald. [Read more…]
$488,291 verdict, farm house lease, legal malpractice
VERDICT: $388,921 for breach of lease of farmhouse that was destroyed by fire, $100,000 for legal malpractice in connection with the underlying representation.
Underlying facts from Konesky (Mont. 2021). [Read more…]
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