Montana Law Week

The Weekly Digest of Montana Law

Mineral interests, deed reservation

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MINERAL INTERESTS of quiet title Defendant properly construed under deed’s reservation language and bolstered by chain of title circumstances… neither estoppel by deed nor estoppel in pais prevented Defendant from asserting title to the minerals because the grantees were not misled by the reservation clause… Murnion affirmed. [Read more…]

Incest, forcible conduct with minor daughter

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INCEST: Victim’s allegations of sexual abuse by relatives (in addition to father) properly excluded under Rape Shield… elicitation of expert testimony as to false reporting statistics not directly reviewable under ineffective assistance claim or as plain error by Judge’s failure to stop questioning… conviction of forcible sexual conduct with minor daughter affirmed… Larson affirmed. [Read more…]

Attorney fees, road rage assault & battery

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ATTORNEY FEES: Prevailing Plaintiff in road rage assault & battery case entitled to fees pursuant to §27-1-722(4) because Defendant “asserted” justifiable force under the civil statute and not as claimed merely under the criminal statute… amount to be determined at reasonableness hearing… Marks. [Read more…]

Settlements

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Plan I

Elizabeth Johnston, low back, 9/21, Billings, Sisters of Charity initiated all benefits due & owing, MMI achieved, impairment assigned, restrictions imposed, Petitioner has taken similar job at a competitor, disputes as to wage loss and appropriate care, $75,000 for all claims, stipulated judgment; Paul Adam for Johnston, Joe Maynard for Sisters of Charity of Leavenworth Health System [Read more…]

Subdivision, inverse condemnation, floodplain culverts

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SUBDIVISION: Inverse condemnation and other claims related to MDT’s failure to install larger culverts during road reconstruction resulting in subdivision in 100-year floodplain having to construct large detention pond properly rejected on summary judgment… Berger affirmed. [Read more…]