RESTITUTION: Petition by vehicular assault victim to mandate Clerk to reinstate Defendant’s expunged and destroyed drug court records in effort to collect allegedly due restitution denied… Order. [Read more…]
Probate, PR determination, spousal status
PROBATE: Judge had discretion to determine PR, not necessary to address marital status for claim of priority or PSA enforceability… Parker affirmed (memorandum). [Read more…]
SIWC, psychologist testimony via Zoom from Nantucket
SIWC: Psychologist erroneously allowed to testify via Zoom from Nantucket to bolster Prosecution witness… conviction reversed, remanded for new trial… Larson reversed. [Read more…]
Attorney discharge, Texas lawyer, Montana home office
ATTORNEY DISCHARGE: No Montana personal jurisdiction over wrongful discharge suit by Texas law firm attorney who moved to Montana to work out of his home… case transferred to Texas Federal Court rather than dismissed… Molloy. [Read more…]
Buy-sell breach, earnest money forfeited
BUY-SELL: Buyer breached buy-sell, forfeited earnest money, not entitled to specific performance by equitable estoppel… Olson affirmed (memorandum). [Read more…]
Sentencing, explosives enhancement
SENTENCING: Enhancement for explosives Defendants improperly denied in light of subsequent 9th Circuit decisions regarding “controlled substance offense” and Montana drug law… Morris “reversed” (memorandum). [Read more…]
Wrongful discharge, “Willful Loss of Earnings”
WRONGFUL DISCHARGE: “Willful Loss of Earnings Doctrine” applied to determine that fired Program Manager who took substitute teacher job failed to adequately mitigate with reasonable diligence… without damages, entire claim fails, rejected on summary judgment… Oldenburg. [Read more…]
Rape trial public access COVID limitation
TRIAL PUBLIC ACCESS: Supervisory control of Larson denied as to limiting public in-person access to rape trial due to COVID… order. [Read more…]
Marital, Sheriff’s Retirement disability
MARITAL: Sheriff’s Retirement System disability improperly divided as marital asset… Best reversed. [Read more…]
$4,985,000 interpleader, MVA death/injuries
SETTLEMENT: $4,985,000 interpleader disbursements to 1 death and 2 injury claimants from insurer of train crew transportation entity, snowplow pass head-on MVA. [Read more…]