Montana Law Week

The Weekly Digest of Montana Law

Unjust enrichment, “extra” excavation work

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UNJUST ENRICHMENT properly rejected in bench trial of claim of “extra work” required by subcontractor excavator to complete mine buttressing as “benefit” of work was conferred on Mine not excavator… $54,187.50 fees properly awarded Defendant pursuant to oral contract between contractor and subcontractor… Wald affirmed (memorandum). [Read more…]

Discovery, baler bearing wildfire, closed claim files

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DISCOVERY: Supervisory control of Best denied in baler bearing wildfire case as to compelling discovery of Deere’s closed claim files from 1993 to present along with Plaintiffs’ version of a protective order allowing them to share documents with attorneys in similar cases… order. [Read more…]

Parental interference, frustration of parenting

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PARENTAL INTERFERENCE: Sufficient evidence to convict mother of frustrating father’s parenting time by taking child to grandfather’s home and frustrating deputy’s attempts to learn child’s whereabouts… Prosecutors have discretion to prosecute in lieu of enforcement through contempt… order to pay fine in installments does not preclude paying sooner to terminate deferred sentence early… McElyea affirmed (memorandum). [Read more…]