Montana Law Week

The Weekly Digest of Montana Law

Statute of limitations, fall through floor service access

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STATUTE OF LIMITATIONS: Claim of fall through service access alleges elements of negligence per se, not claims that are a “liability created by statute,” 3-year statute applies and claim is timely… Vannatta. [Read more…]

Settlements

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Plan I

Kristopher Stokes, multiple, 9/19, Ravalli Co. (employer), MACO accepted liability, paid benefits, disputes as to additional comp, $250,000 for all claims, stipulated judgment; Sydney McKenna for Stokes, Dean Blackaby for MACoWCT [Read more…]

Private AG fees, challenge of SB 319 enactment

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PRIVATE AG FEES: Opinion holding that private AG fees were improperly denied in challenge of SB 319 enactment withdrawn, replaced with opinion clarifying that Court will not declare a statute invalid merely for Legislature’s failure to observe its own rules… petition for rehearing otherwise denied… Order. [Read more…]

Mitigated deliberate homicide, “disaster” of a case

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MITIGATED DELIBERATE HOMICIDE: Cumulative errors including failure to disclose Brady phone evidence and violation of in limine order precluding drug reference in trial described by Judge as “a disaster” undermined claim of self-defense shooting such that new trial is warranted… Rieger reversed. [Read more…]