Montana Law Week

The Weekly Digest of Montana Law

Judicial estoppel, malicious prosecution/abuse of process

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JUDICIAL ESTOPPEL: Counsel substitution not justification for untimely summary judgment motion but no prejudice so properly allowed, but malicious prosecution and abuse of process claims not barred by judicial estoppel arising from failure to update Ch. 7 schedules to disclose pending claims… Fehr reversed. [Read more…]

Judicial conduct, criticism of counsel’s strategy

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JUDICIAL CONDUCT: Judge’s criticism of Defense Counsel’s strategy was improper but did not compromise trial integrity… conviction of truck driver of criminal endangerment for driving along interstate with large paper rolls in danger of falling out after crash affirmed… Deschamps affirmed (memorandum). [Read more…]

Revocation, Judge not big fan of MIIG

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REVOCATION: Hearing as to attorney representation not required as complaints not seemingly substantial… revocation impliedly comported with MIIG even though Judge “not a big fan” of it and does “not give it a lot of consideration”… drugs Defendant entitled to 574 days elapsed time… Krueger affirmed, reversed (memorandum). [Read more…]