TRANSCRIPT: Attorney properly ordered to pay court reporter for copy of transcript ($1,168.20) over dispute as to whether he requested it… Larson affirmed (IOR I-3(c)). [Read more…]
Statute of limitations, assault v. negligence
STATUTE OF LIMITATIONS: Gravamen of knife attack allegations is a claim for tort of assault subject to 2-year statute, not purported 3-year statute for “negligence with willful & wanton misconduct”… dismissed as untimely… H. Brown. [Read more…]
Defense verdict, Medicine Man MVA invoice
VERDICT: Defense, refusal to pay $6,000 “Medicine Man” invoice for MVA treatment. [Read more…]
Discrimination, $1,350,000 for distress cut to 0
DISCRIMINATION: $1,350,000 emotional distress award for Indian jail inmate who died of alcohol withdrawal properly reversed by Sherlock due to HRC irregularities, Spear’s original 0 order properly reinstated as final order… order by Reynolds overruling Sherlock reversed on cross-appeal by counties. [Read more…]
Attorney’s lien, wife’s fees cut $102,695 to $0
ATTORNEY’S LIEN: No judge substitution following remand for proper evaluation of marital maintenance & fees… fired attorney properly denied intervention in fee evaluation… wife’s fees/costs properly reduced from $102,694.80 to $44,475.55 (less $32,638 already paid) under reasonable analysis, then denied altogether because husband unable to pay… Pinski affirmed (IOR I-3(c). [Read more…]
Speedy trial, kidnap, “missing” victim, 374 days
SPEEDY TRIAL: Charge against kidnap Defendant incarcerated 374 days dismissed due to State’s delay in producing surveillance tapes and access to “missing” alleged victim who was in another jail… Best. [Read more…]
Podiatry malpractice, defense verdict
PODIATRY MALPRACTICE: Rulings on health insurance, cross of expert, prior unrelated med-mal claims affirmed… defense verdict affirmed… Larson affirmed (IOR I-3(d)). [Read more…]
FTCA, tribal officers BB gun shooting
FTCA: Claims against US for tribal officers shooting BB guns at Plaintiff’s workplace resulting in BB striking Plaintiff in eye not amenable to dismissal for lack of subject jurisdiction under present circumstances… Morris. [Read more…]
Jail negligence, alcohol withdrawal death
JAIL NEGLIGENCE: Hill Co. vicariously liable for any negligence attributable to Northern Montana Hospital as a cause of death of inmate from alcohol withdrawal… State not vicariously liable for any negligence for which Blaine, Hill, or NMH may be liable… Blaine not vicariously liable… summary judgment for NMH on 3rd-party contribution/indemnity claims asserted by Blaine & Hill… Plaintiff settled with NMH… Sandefur. [Read more…]
Right to know, newspaper attorney fee request
RIGHT TO KNOW: Newspaper’s request for attorney fees for involvement in disclosure of fired ExpoPark manager’s personnel documents denied, could possibly seek fees against manager… Pinski. [Read more…]