The Weekly Digest of Montana Law
By lilly
Plan II
Eric Cheeseman, low back, 12/17 & 3/19, Helena, Hartford initiated all benefits due & owing, disputes as to medical causation, non-work-related injuries, wage loss, subsequent employment, $100,000 for all claims, stipulated judgment; Keif Storrar for Cheeseman, Joe Maynard for Hartford Accident & Indemnity [Read more…]
By lilly
EASEMENT: Legion post properly found to have implied easement by preexisting use to access park dedicated in 1944 “for returning servicemen and the public” against challenge by surrounding ranch… fees improperly awarded without reasonableness hearing… Cybulski affirmed, reversed. [Read more…]
By lilly
ARBITRATION: $597,778.23 award for breach of mining facility subcontract is in form a proper “reasoned award,” improperly vacated… subcontractor entitled to fees incurred in District Court and on appeal pursuant to PPA… Brown reversed. [Read more…]
By lilly
INSURANCE: Defense verdict on UTPA claims handling of MVA “dual-insured loss” affirmed over argument that Plaintiff was prejudiced by exclusion of global settlement amounts… McLean affirmed. [Read more…]
By lilly
TRAFFIC STOP not unlawfully prolonged by asking for driver’s papers even after learning that he was not the subject of the warrant associated with the truck because requesting papers fell within the “mission” of the stop… search warrant which yielded meth properly supported by field tests, dog sniff, and evidence from previous controlled buy out of same truck… meth/firearm convictions affirmed… Morris affirmed (2-1). [Read more…]
By lilly
FALSE STATEMENTS in report to a PO do not constitute false statements to a judge that would invoke the “judicial proceeding exception” to the sweeping prohibition against lying to the Federal Government… supervised release properly revoked for lying in report… Molloy affirmed. [Read more…]
By lilly
Plan I
Shannon Parsons, multiple, 2/21, $50,000, Leslae Dalpiaz [Read more…]
By lilly
CRIMINAL CONTEMPT improperly charged by Judge (not Prosecutor) against Tribal Court Administrator/Clerk, tried by same Judge, $100 fine levied in personnel matter… Chief Judge Coffee reversed… order. [Read more…]
By lilly
INSURANCE: Earth Movement Exclusion unambiguously precludes coverage for homeowners’ claims against developer for damage caused by settlement of soil under/around homes regardless of natural v. human-made cause… Todd reversed. [Read more…]
By lilly
CLASS CERTIFICATION approved for claims of improper strip searches of misdemeanant jail detainees… Abbott affirmed. [Read more…]