§1983 claims relating to finding youth in need of care properly found barred by collateral estoppel… Watters affirmed (memorandum). [Read more…]
Waste disposal, constitutional challenge
WASTE DISPOSAL: As-applied challenge to licensing regulations properly denied for lack of standing… facial challenge improperly denied… Eddy affirmed, reversed. [Read more…]
Collateral estoppel, transgender youth in need of care
COLLATERAL ESTOPPEL: State Court adjudication of transgender as youth in need of care was final judgment on the merits constituting estoppel of §1983 suit against child protection specialists involved in removal to father’s ex-wife… Watters. [Read more…]
Class settlement, 1/3 fees of $4.3 million settlement
CLASS SETTLEMENT: 1/3 attorney fees of $4.3 million settlement of hospital data breach class action properly awarded… Parker affirmed. [Read more…]
Political practices, “de minimis” travel expenses
POLITICAL PRACTICES: 2 retirees who gave “hobbyist” presentations regarding voting records of Republican legislators improperly held violative of registration and reporting requirements rather than being exempted under unconstitutionally vague “de minimis acts” exception for travel expenses… Mangan/Christensen reversed (2-1). [Read more…]
Clean Campaign Act, PACs’ notice to candidates
CLEAN CAMPAIGN ACT: Requirement that political committees contemporaneously provide a candidate any campaign advertisement published within 10 days of an election if it refers to, but does not endorse, the candidate, does not pass constitutional muster… Molloy. [Read more…]
Class action, City utilities “franchise fees,”
CLASS ACTION properly certified in challenge of City “franchise fees” for water, wastewater, sold waste disposal… Pinski affirmed. [Read more…]
Political practices, ethics complaint confidentiality
POLITICAL PRACTICES: Confidentiality provisions of ethics complaint statute unconstitutional, but former COPP entitled to qualified immunity as to threat to sanction complainant for disclosure… Morris reversed, affirmed. [Read more…]
Judicial elections, political endorsements
JUDICIAL ELECTIONS: Montana political endorsements prohibition upheld… Haddon affirmed. [Read more…]
Sheriff/CA immunity, easement dispute citation
SHERIFF/COUNTY ATTORNEY IMMUNITY improperly denied for trespass citation to person claiming secondary easement to access irrigation headgate (citation subsequently dismissed, easement subsequently established in State Court)… Ostby reversed (unpublished). [Read more…]