CONSERVATION EASEMENT: Preliminary injunction against 33,000 forest land easement by owner of 13,000 acres of mineral interests rejected for failure to show likely irreparable harm… easement later approved by Land Board… Cuffe. [Read more…]
Personal jurisdiction, NY critic of Montana business
PERSONAL JURISDICTION properly exercised over New York wildlife photography farm critic who targeted Montana business with social media posts… supervisory control of Eddy denied, tortious interference claims may proceed. [Read more…]
FTCA, wildfire damages, discretionary function
FTCA: Claims that FS was required to consult landowners personally about Lolo Peak fire suppression activities on their properties but failed to do so and that it intended the suppression activities to cause damage properly held to be precluded by discretionary function exception… Molloy affirmed. [Read more…]
CERCLA, $28,850,936 judgment, E. Helena lead smelter
CERCLA: $28,850,936 judgment as share of East Helena lead smelter Superfund Site response costs affirmed in part, reversed in part… Christensen affirmed, reversed. [Read more…]
Leading questions of corporate fraud co-conspirator
LEADING QUESTIONS: Corporate fraud conviction affirmed over challenge to extensive leading of key witness CFO against CEO. . . Christensen affirmed (memorandum). [Read more…]
$28,850,936 CERCLA judgment
BENCH JUDGMENT: $28,850,936 plus prejudgment interest and attorney fees as share of East Helena lead smelter Superfund Site response costs on remand from 9th Circuit’s finding of timeliness. . . Christensen. [Read more…]
Insurance, neighbor harassment/nuisance
INSURANCE: Fact issues to be developed at trial preclude summary judgment as to coverage of neighbor harassment/nuisance claims. . . insurer following prudent course by defending under reservation while pursuing dec action. . . Christensen. [Read more…]
Sentence credit, home confinement “imprisonment”
SENTENCE CREDIT properly applied for supervised release… Molloy affirmed (unpublished). [Read more…]
Plea withdrawal, 2nd-degree murder, DUI deaths
PLEA WITHDRAWAL/SENTENCING: Withdrawal of guilty plea to 2nd degree murder for 4 DUI deaths properly denied… reduction of 405 months sentence for accepting responsibility rejected… Haddon affirmed (unpublished). [Read more…]
Sentencing, sex abuse of minor
SENTENCING: 365 months on remand for sex abuse of minor/attempted child pornography receipt substantively reasonable… Haddon affirmed (unpublished). [Read more…]