NEGLIGENCE: New trial improperly granted following verdict of 54% negligence by Plaintiff motorist backed into at low speed by grader removing snow… Krueger reversed. [Read more…]
Arbitration, detective dismissal, fitness for duty
ARBITRATION: Arbitrator’s finding that detective was dismissed without cause properly found to comply with the law but remand to Arbitrator improperly modified the award… Whelan affirmed, reversed. [Read more…]
Defense verdict, administrative segregation conditions
VERDICT: Defense, alleged inadequate conditions of confinement while in administrative segregation at BSB jail. [Read more…]
Wages, water utility employees, “on-call” lunches
WAGES: Water utility employees properly found not to have exhausted CBA grievance procedures as to claim that they were wrongly required to take 30-minute unpaid lunch break, properly found not “on call” during breaks… Vanisko/Whelan affirmed (memorandum). [Read more…]
Officer shooting death, defense verdict
OFFICER SHOOTING DEATH: Defense verdict in “suicide by officer” case affirmed… Dayton affirmed. [Read more…]
Judge substitution after 1st retirement, 2nd recusal
JUDGE SUBSTITUTION motion untimely in scenario with 2 orders calling retired Judge after retirement of presiding Judge and purported recusal of successor… McLean affirmed (IOR I-3(c)). [Read more…]
Wrongful discharge, municipal tolling, $75,612 verdict
WRONGFUL DISCHARGE: Filing Notice of Claim with City does not toll statute as for State, claim untimely filed, should have been dismissed… $75,612 verdict reversed… Krueger reversed. [Read more…]
Defense verdict, officer shooting death
VERDICT: Defense, officer shooting death. [Read more…]
Discrimination, $38,357.70 for “nigger” slurs
RACE DISCRIMINATION: $38,357.70 properly awarded for supervisor’s “nigger” slurs (as opposed to Petitioner’s “my nigga” as term of endearment)… Scrimm/Dayton affirmed. [Read more…]
County road, constitutional taking, no litigation expenses
COUNTY ROAD: County’s use of road not a constitutional taking since it acted under claim of right in removing berm, owner not entitled to compensation under US or Montana Constitution… owner not entitled to litigation expenses since owner and County both prevailed and lost… trial costs awarded prior to earlier appeal improperly continued in remand proceeding… Spaulding affirmed, reversed. [Read more…]