GENDER DYSPHORIA: Preliminary injunction enjoining SB 99 which proscribes medications & surgery to treat gender dysphoria in minors affirmed on right of privacy… Marks affirmed. [Read more…]
Open meetings, legislative committee recess sub-quorum
OPEN MEETINGS: Sub-quorum recess meeting of House Judiciary Committee not violative of open meeting laws… Menahan affirmed. [Read more…]
Legislative subpoenas, rehearing of quashing denied
LEGISLATIVE SUBPOENAS: Rehearing denied of opinion quashing legislative subpoenas stemming from MJA poll pertaining to SB 140… order. [Read more…]
Legislative subpoenas to Court Administrator quashed
LEGISLATIVE SUBPOENAS to Court Administrator stemming from MJA poll pertaining to SB 140 quashed as not serving a valid legislative purpose and overbroad… opinion & order. [Read more…]
Legislative subpoena, preliminary injunction for Rice
LEGISLATIVE SUBPOENA: Legislature preliminarily enjoined from subpoenaing Justice Rice for documents related to MJA SB 140 poll… request for stay for negotiations with Rice denied as Court would have to be “blind” not to see what “all others can seen and understand” that subpoena is a clash between branches over records of intense legislative political interest… McMahon. [Read more…]
Appellate disqualification, Rule of Necessity
APPELLATE DISQUALIFICATION: Rule of Necessity invoked to deny Legislature’s motion to disqualify Supreme Court Justices in test of Legislature’s power to issue investigative subpoenas in connection with alleged misconduct by Judiciary involving MJA poll relating to SB 140… disqualification would apply to every judge and justice in Montana, leaving no judge to adjudicate… opinion & order. [Read more…]
Appellate disqualification, SB 140 challenge
APPELLATE DISQUALIFICATION: Challenge to SB 140 to be heard by the 6 Associate Justices (response to Governor’s motion to disqualify judges who participated in SB 140 poll, Justices did not participate in poll)… order. [Read more…]
Insurance, fees, jury valuation v. lower offers
INSURANCE: Attorney fees denied where insurer did not deny UIM coverage, Plaintiff chose to sue as insurer continued in good faith to evaluate claim and dispute value, jury’s ultimate $450,000 valuation does not mean lower offers unreasonable… Menahan. [Read more…]
Defense verdict, water truck brake failure
VERDICT: Defense, allegedly defective water truck resulting in brake failure. [Read more…]
Debt collection, loan servicer, $426,537 damages
DEBT COLLECTION: Loan servicer’s unfair & deceptive practices in attempting to collect mortgage debt properly found to have violated FDCPA and MCPA, damages properly awarded although house not foreclosed on or sold: $172,615.20 for interest, $1,792.94 late charges, $50,000 emotional distress, $2,000 statutory, $60,000 for communication directly with represented parties, $31,020 fees/costs for violation of orders… appeal fees/costs to be awarded… argument that conduct related to foreclosure by loan originator not debt collection activity under FDCPA not addressed because of change in theory on appeal… Jones affirmed. [Read more…]