CHILD SEX ABUSE: Attorneys were ineffective by failing to challenge the statutory basis for indecent exposure to minor when the statute did not go into effect until after one of the alleged incidents occurred… ex post facto application of statute for sexual abuse of children also requires reversal, remand for new trial… Spaulding reversed. [Read more…]
Public highway, non-use, abandonment, landlocked
PUBLIC HIGHWAY: Non-use insufficient to prove intent to abandon… disputed road is public highway to beginning of landlocked river parcel… Seeley reversed. [Read more…]
$300,000 verdict, sex abuse of youth ranch resident
VERDICT: $300,000 ($200,000 for negligent supervision, $100,000 for negligent misrepresentation), sexual abuse of youth ranch resident/patient. [Read more…]
Title insurance, notification of litigation
TITLE INSURANCE: Undisputed facts show Bank failed to provide proper notification of possible litigation over construction liens or provide sworn statement of losses, but declaratory judgment precluded by disputed extent of prejudice to title company… Watters. [Read more…]
Lending breach, statute of limitations
LENDING BREACH claims accrued date of signing loan documents… claim that loans were subject to 3-day rescission right not pled but damages element still existed at signing, statutes not tolled by discovery… summary judgment for bank affirmed… Lympus affirmed. [Read more…]
Water, erosion dams, intent to appropriate
WATER: While purpose at time of diversion was erosion control, application evinces intent to appropriate water channeled through Defendants’ property for beneficial uses (stock watering, fish/wildlife, recreation), pond evaporation loss also an appropriation, Defendants had [Read more…]
Indians, Blackfeet Tribal Court probate jurisdiction
INDIANS: Blackfeet Tribal Court has exclusive jurisdiction over probate of member’s estate within Reservation because Montana [Read more…]
Parental rights, abandonment, support obligations
PARENTAL RIGHTS: Young unmarried father did not willfully abandon son, made significant efforts to meet support obligations, being in arrears does not necessitate [Read more…]