SENTENCING: Therapeutic polygraphing properly imposed on rape defendant… alcohol condition improper… Baugh affirmed, reversed. [Read more…]
$21,562 verdict, icy parking lot slip & fall
VERDICT: $21,562.20 net (40/60 negligence, 10% preexisting condition), icy parking lot slip & fall, knee/ ankle/tailbone. [Read more…]
Insurance, prior settlement release, discovery fraud
INSURANCE: Release clauses in prior MVA PI/ UTPA settlements not bar to claims against insurer based on withholding of parts of claims handling study (1st impression in Montana)… “special circumstances” support constructive fraud claim, pecuniary interest supports negligent misrepresentation claim… actual fraud sufficiently pled by assertion that [Read more…]
Farm equipment dealership, $243,847 judgment
FARM EQUIPMENT DEALERSHIP: Agreement subject to MFIDA per “community of interest” between tractor dealers… MFIDA 90-day notice provision not waived by agreement to 30-day termination clause… $243,847 bench judgment affirmed over $1.8 million claim by Plaintiff, [Read more…]
Interlocal agreement, merits v. injunction
INTERLOCAL AGREEMENT: Ultimate merits of agreement dispute improperly resolved prior to analyzing requested preliminary injunction… remanded for injunction pending trial on merits… Curtis reversed. [Read more…]
Work comp, plumber hand OD v. motorcycle wreck
WORK COMP: Plumber’s work significantly aggravated or contributed to hand/wrist condition, not significantly affected by motorcycle accident, 51% standard properly rejected… Shea affirmed. [Read more…]
Property, parol evidence, mutual mistake deed
PROPERTY: Parol evidence properly admitted to prove that by mutual mistake deed did not contain agreed restrictions, deed properly reformed… McLean affirmed. [Read more…]
Mental commitment, friend, plain error
MENTAL COMMITMENT reversed for failure to appoint a friend… plain error review invoked first time in commitment proceeding… Sherlock reversed. [Read more…]
Mental commitment, friend, plain error
MENTAL COMMITMENT reversed for failure to appoint friend… plain error review… McCarter reversed. [Read more…]
Clerk of court, judicial orders, contempt
CLERK OF COURT: Petition for writ of prohibition to void orders by 13th Judicial Dist. judges mooted by Clerk’s election loss, no longer threat of contempt… order. [Read more…]