JUDGE SUBSTITUTION: Supervisory control granted reversing Grubich’s denial of substitution in convoluted case involving consolidation of 2 Informations… Order. [Read more…]
$112,000 verdict for drilling consultant, 0 for owner
VERDICT: $112,000 for Plaintiff oil drilling consultant, 0 for Counterclaimant project owner. [Read more…]
Tobacco sales, FDA preemption, preliminary injunction
TOBACCO SALES: Challenge to AG’s ban on sale of all of Canadian manufacturer’s products in Montana due to alleged adulteration/misbranding of 8 withdrawn products likely to succeed on FDA preemption claim, preliminary injunction improperly denied… Morris reversed (memorandum). [Read more…]
Settlements
Plan I
Valerie Leach, lung 9/22, disputed cervical and accepted thoracic back 5/23, Harlowton, MHN initiated benefits due & owing, disputes as to parts actually injured, degree of disability, wage loss, $70,000 new money for all claims, stipulated judgment; Matthew Murphy for Leach, Joe Maynard for MHN [Read more…]
Furnace fire, cause-in-fact, home destruction
FURNACE FIRE: Fact issues preclude summary judgment that furnace servicer was not cause-in-fact of fire that destroyed home… denial of motion to exclude Plaintiff’s experts because one was Zoom-averse not abuse of discretion… Berger reversed, affirmed. [Read more…]
Costs, subdivision variance summary judgment
COSTS: Bill of costs in subdivision variance summary judgment properly found timely, did not include unallowable costs… Allison affirmed (memorandum). [Read more…]
Marital, split property easement, erroneous COS
MARITAL: Correction of wife’s easement in split property based on erroneous COS may be made without involvement of non-party neighbor pursuant to Rule 60(b)(1)… Dayton reversed (memorandum). [Read more…]
Robbery by common scheme, jail “hazing” screening
ROBBERY BY COMMON SCHEME: Conviction of jail inmate in “common scheme” to haze new inmates by screening for drugs and/or stealing their possessions affirmed… remanded to strike conditions that were not in pronouncement… Seeley affirmed, reversed (memorandum). [Read more…]
Revocation, failure to pay full amount
REVOCATION: Suspended sentence improperly revoked based on alleged failure to pay full restitution… Recht reversed. [Read more…]
SSD, denial of benefits
SSD: Denial of benefits affirmed… Kelley/Cavan affirmed (memorandum). [Read more…]
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