DRUGS: Conviction for conspiracy to distribute meth and fentanyl affirmed over challenge to hearsay at sentencing hearing… Christensen affirmed (memorandum). [Read more…]
First refusal, hotel condos
FIRST REFUSAL: Challenge to use of RFR by Hotel dismissed for lack of subject jurisdiction with leave to amend to cure defective allegations as to standing… Cavan. [Read more…]
TTD calculation, disputed hours hired, value of housing
Summary judgment denied as to TTD calculation based on disputed hours hired to work and value of housing provided… Bruner. [Read more…]
Settlements
Plan I
Nicole Barnes, left elbow, left buttocks/tailbone, left wrist, 1/24, left hip, 4/24, Kalispell, Logan accepted 1/24 claim, denied 4/24 claim, MMI achieved for 1/24 claim with no impairment assigned, disputes as to ongoing medical and disability as to both claims, $37,500 for all claims, stipulated judgment; Kraig Moore for Barnes, Geoffrey Keller for Logan Health [Read more…]
Insurance, Victory’s sale of comp policies to Clear Spring
INSURANCE: Victory properly found in violation of insurance code by sale of its comp policies to Clear Spring, fined $250,000 without jury trial… McMahon affirmed. [Read more…]
Child support modification without discovery
CHILD SUPPORT: Motion to modify improperly denied without discovery and hearing as to claimed changed circumstances… Berger reversed. [Read more…]
Third-party parenting, emergency order
THIRD-PARTY PARENTING: Emergency order was premature but defects cured by post hoc compliance… Eddy/Berger affirmed. [Read more…]
Parental termination based on prior termination
PARENTAL TERMINATION of father’s rights to twins properly relied on prior termination of rights to older siblings and finding of chronic, severe neglect… Grubich affirmed. [Read more…]
Youth sex offender registration, community safety
YOUTH SEX OFFENDER REGISTRATION properly imposed for community safety… Deschamps affirmed. [Read more…]
Attempted deliberate homicide, video testimony
ATTEMPTED DELIBERATE HOMICIDE/ASSAULT WITH WEAPON convictions reversed for allowing a witness to testify via video without demonstration of unavailability… suppression of drugs in backpack properly denied… motion to substitute counsel properly denied… Menahan reversed, affirmed. [Read more…]
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