Montana Law Week

The Weekly Digest of Montana Law

Settlements

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Plan I

Cale Kelley, low back, 3/20, FedEx, Kalispell, FedEx accepted liability, paid medical & indemnity, disputes as to nature, extent, compensability, sequela, wage loss, impairment, restrictions, future treatment including spinal cord stimulator, applicability of UTG, privacy, $165,000 for all claims, stipulated judgment; Dean Blackaby for Kelley, Thomas Harrington for FedEx [Read more…]

Disabilities discrimination, co-worker conflict

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DISABILITY DISCRIMINATION: Request to be reassigned to a position with no contact with a co-worker who was causing anxiety & depression not reasonable on its face or in the run of cases, no need to resort to sham affidavit rule as to whether Plaintiff requested no contact or merely limited contact… DeSoto. [Read more…]

$75,000 verdict, $94,077.97 fees, unreasonable force by PO

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VERDICT: $75,000, §1983 unreasonable force by Probation & Parole Officer against Plaintiff who was observing arrest of her son, fractured elbow/sprained wrist… $94,077.97 attorney fees awarded of $181,865.47 requested… $2,802.97 costs awarded ($18,812.50 costs of use of force expert who did not contribute to success or appear at trial denied)… $35,000 settlement with City and police officer. [Read more…]

Settlements

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Plan I

David Chichester, low back, 1/21, Weyerhaeuser, Flathead Co., disputes as to wage loss, nature & extent of injury, need for future treatment, $30,000 for all claims, stipulated judgment; Kraig Moore for Chichester, Charlie Smith for Weyerhaeuser [Read more…]

Officer sexual assault, course & scope, FTCA

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OFFICER SEXUAL ASSAULT: Law enforcement officers do not as matter of law act outside scope of employment when they use their authority to sexually assault a person they are investigating, question is for trier of fact… answer to 9th Circuit certified question on appeal from Watters’s conclusion that BIA officer who assaulted tribal member was not in course & scope in FTCA case. [Read more…]