SUBDIVISION ROADS: Public access easements properly held not to include primary access to neighboring subdivision… Eddy affirmed. [Read more…]
Marital, ambiguous MPSA, $456,000 home
MARITAL: Husband owes wife nothing under ambiguous MPSA which provided for wife to receive home by husband paying off mortgage and remitting the remainder or by providing $456,000 lump sum… wife not entitled to interest because husband did not owe additional equalization payment and his delay in paying did not constitute a breach because time was not of the essence… wife not entitled to attorney fees under marital exception… Best affirmed (memorandum). [Read more…]
Rehearing denied, defective foam spray insulation
REHEARING denied as to Order holding that Cuffe improperly found jurisdiction over Arizona manufacturer of allegedly defective spray foam insulation applied to Montana home… Order. [Read more…]
Sex offender designation, evaluator v. Judge discretion
SEX OFFENDER DESIGNATION: Judge properly went beyond sex evaluator’s recommendation of tier 1 to designate child rape Defendant tier 2… Parker affirmed. [Read more…]
Medical-legal Panel, pharmacy physician assistant
MEDICAL-LEGAL PANEL: Plaintiff may proceed against methadone clinic PA who was not named in MMLP Application because PAs are not subject to MMLP jurisdiction… Harada. [Read more…]
Punitives, no malice in trail ride horse fall
PUNITIVES: A jury could not find actual malice to support punitives in trail ride horse fall… Gilbert. [Read more…]
Settlements
Plan I
Ernest Padilla, left shoulder, 3/23, City of Conrad, MMIA accepted liability, disputes as to retroactive & ongoing indemnity and payment of certain medical bills, $180,000 for all claims, stipulated judgment; Ross Johnson for Padilla, Morgan Weber for MMIA [Read more…]
Junque files I, emergency stay petition
JUNQUE FILES I: State’s emergency motion to stay Kutzman’s order granting preliminary injunction to Plaintiffs challenging Legislative Services’ denial of access to background information of proposed bills denied without prejudice… Order. [Read more…]
Junque files II, 2nd emergency stay petition
JUNQUE FILES II: State’s 2nd emergency motion to stay Kutzman’s order granting preliminary injunction to Plaintiffs challenging Legislative Services’ denial of access to background information of proposed bills denied… Order. [Read more…]
Impersonation of public servant, Marshall’s badge
IMPERSONATION OF PUBLIC SERVANT: Conviction of falsely impersonating a US Marshall to induce stripper to rely on that pretense affirmed… no-contact condition improperly imposed on unsuspended sentence… Krueger affirmed, reversed (memorandum). [Read more…]
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