VACCINATION DISCRIMINATION: Ruling that HB 702 is preempted by ADA and OSHA reversed… Molloy reversed. [Read more…]
Settlement agreement, riverbeds rent, justiciability
SETTLEMENT AGREEMENT justiciability and interpretation issues related to electric utility’s rent of State riverbeds affirmed, reversed… Menahan affirmed, reversed. [Read more…]
Vaccination anti-discrimination, HB 702 enjoined
VACCINATION ANTI-DISCRIMINATION: HB 702 permanently enjoined as unconstitutional and preempted by federal law as applied in healthcare settings… Molloy. [Read more…]
Vaccination anti-discrimination, HB 702 enjoined
VACCINATION ANTI-DISCRIMINATION: HB 702 permanently enjoined as unconstitutional and preempted by federal law as applied in healthcare settings… Molloy. [Read more…]
HB 702 vaccination restrictions, preliminary injunction
HB 702 VACCINATION RESTRICTIONS: Enforcement of MCA 49-2-312 as it relates to COVID-19 vaccine against Montana healthcare facilities preliminarily enjoined for so long as CMS’s Interim Final Rule remains in effect… Molloy. [Read more…]
Arbitration, no assent to agreement
ARBITRATION: Plaintiff did not assent to arbitration agreement expressly or impliedly, by failure to opt out, or by continuing to work for Defendant… order compelling arbitration reversed… Haddon reversed (memorandum). [Read more…]
Prisoners, judge authority for transfer from jail to prison
PRISONERS: Orders by Best for DOC to immediately transfer 8 defendants from jail to MSP and MWP vacated on supervisory control… order. [Read more…]
Wages, truck driver, oral guarantee, overtime
WAGES: Sufficient evidence on remand that log truck driver was not orally guaranteed $60,000/yr… fault improperly attributed to trucker for employer’s failure to keep time records, trucker produced sufficient evidence to shift burden to employer, remanded for determination of overtime… Spear/Dayton affirmed, reversed. [Read more…]
Courts, local judges inviting outside judges
COURTS: Supervisory control not warranted for indigents’ claim of concerted/vindictive action by local judges inviting outside judges to assume jurisdiction upon request for substitution… order. [Read more…]
Discovery, adverse inference sanctions
DISCOVERY: Adverse inference sanctions granted for Defendants’ failure to produce discovery as ordered in [Read more…]