ARBITRATION: For the Court rather than arbitrator to decide whether arbitration provisions in a Business Promissory Note and Security Agreement are valid & enforceable… Breuner affirmed. [Read more…]
Retaliation, HRC exceeded statutory authority
RETALIATION: HRC’s finding of retaliation against DOC Government Relations Director for participating in investigation of sexual harassment allegations against Director and award of $377,944 exceeded statutory authority in rejecting HO’s conclusion of no retaliation… Holien/McMahon affirmed, HRC reversed. [Read more…]
Water, service area/rights to Jefferson River
WATER: Service area and rights to Jefferson River water correctly decreed… Stephen Brown affirmed. [Read more…]
Marital, property maintenance/construction contributions
MARITAL: Failure to consider husband’s property maintenance/construction contributions resulted in inequitable 80% award of jointly held property valued at $1,450,000 to wife… Coffman reversed. [Read more…]
Drugs, mistaken identity man with red wig
DRUGS: Man with red wig who turned out to not be the one a tipster identified as subject of local arrest warrant but who upon further investigation turned out to be subject of other warrants was properly stopped pursuant to Terry, meth discovered in jail intake search properly not suppressed… McElyea affirmed (other grounds). [Read more…]
Suspended sentence, Duluth Model conditions
SUSPENDED SENTENCE: PFMA Defendant whose plea agreement required completion of Duluth Model Batterer’s Intervention Course must comply with its conditions… Grubich affirmed (memorandum). [Read more…]
Withdrawal of admissions to conditions violations
WITHDRAWAL OF ADMISSIONS after admitting violating suspended sentence conditions properly denied albeit for wrong reasons… Olson affirmed (memorandum). [Read more…]
Insurance bad faith, amendment to add NIED/IIED
INSURANCE BAD FAITH: Amendment to add NIED and IIED to third-party bad faith claims not precluded by MCA 33-18-242(4) (2023) or futility… Johnston. [Read more…]
Settlements
Plan II
Tabatha Burris, shoulders 7/20, head, neck, shoulders, ribs, hips, right hand, low back 10/20, Admiral Beverage, near Browning, Safety accepted claims, initiated benefits, Petitioner achieved MMI, impairment assigned, restrictions imposed, disputes as to PTD, medical causation for subsequent strokes and other conditions, ongoing medical, $405,000 for all claims (Safety shall fund $122,261 MSA via annuity), stipulated judgment; Matthew Murphy for Burris, Joe Maynard for Safety National Casualty [Read more…]
Easement, temporary parking/unloading equipment
EASEMENT: Grantee did not exceed scope of easement by temporarily parking, loading, unloading construction equipment within the easement and using the road for equipment’s passage onto his properties for further development… Wilson affirmed. [Read more…]
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