VERDICT: Defense, former prisoner failed to prove he did not rape fellow inmate despite claimed “exoneration” by Montana Innocence Project, resulting in rejection of claim for certificate of innocence and $733,006 damages and other benefits under wrongful conviction statute. [Read more…]
Political discrimination, demoted sheriff’s deputy, §1983
POLITICAL DISCRIMINATION: §1983 claim improperly dismissed on grounds that HRA was exclusive remedy for claims by demoted sheriff’s deputy grounded in political discrimination but unchallenged ruling upholding FAD precludes reinstatement of §1983 claim… notice of appeal properly encompassed dismissal of District Court complaint… Lint affirmed. [Read more…]
Indemnification/failure to prosecute
INDEMNIFICATION/FAILURE TO PROSECUTE: Paving contractor entitled to indemnity from subcontractor for damage to vehicles from primer which emulsified in rain, negligence/foreseeability not required… State’s case against insurer improperly dismissed for failure to prosecute for 17 months… Harkin/Townsend reversed. [Read more…]
Leading cause
Work ranked 4th out of 5 factors does not constitute “leading cause,” Petitioner failed to prove OD while employed by subsequent employer… nurse’s deposition opinion that OD a permanent aggravation excluded as inconsistent with prior deposition opinion… Shea. [Read more…]
Consent to make payments for more than 90 days
Petitioner not entitled to acceptance of claim for insurer’s failure to obtain consent to make payments for more than 90 days under reservation of rights, but entitled to penalty if claim found compensable… insurer must pay medicals incurred during time it placed claim under 39-71-608… Shea. [Read more…]