The Weekly Digest of Montana Law
By lilly
Plan I
Robert Staples, right hand/wrist, 6/20, Sletten Const., disputed liability, $80,000 for all claims including any RSD or CRPS type condition and treatment or tests ordered by Dr. Schabacker but medical otherwise reserved, stipulated judgment; Russell Plath for Staples, Kelly Wills for MCCF [Read more…]
By lilly
PETROLEUM TANK RELEASE COMP FUND: County’s request for attorney fees, costs, interest, unjust enrichment damages statutorily prohibited despite being “prevailing party”… Menahan affirmed. [Read more…]
By lilly
CABIN DISPUTE: Conversion-based claim for possession of cabin on FS land not barred by 2-year statute but constructive fraud counterclaim properly rejected on summary judgment… Dayton reversed, affirmed. [Read more…]
By lilly
ATTORNEY DISQUALIFICATION: Supervisory control of Gilbert’s denial of disqualification in real estate litigation declined… order. [Read more…]
By lilly
MENTAL COMMITMENT: Professional person improperly allowed to testify by phone when courtroom video was unavailable, MSH commitment reversed… Brown reversed. [Read more…]
By lilly
MARITAL: Suspension of child support while incarcerated not supported under clear precedent, fees awarded for frivolous appeal… Gilbert affirmed (memorandum). [Read more…]
By lilly
DUI: 1990 DUI should have been expunged pursuant to §61-8-714(5) (1987), not counted toward 2015 DUI… felony conviction reversed… Brown reversed. [Read more…]
By lilly
REVOCATION: Defendant entitled to 565 days credit for time served on merged sentences including deferred sentence… Bidegaray reversed. [Read more…]
By lilly
REVOCATION: Defendant only entitled to credit for elapsed time and presentence incarceration against aggregate of multiple consecutives… Rieger affirmed. [Read more…]
By lilly
THEFT: Defendant caught driving stolen truck that he claimed he was hired to drive to South Dakota properly convicted despite no instructions on results-based definitions of knowingly and purposely… Murnion affirmed (memorandum). [Read more…]