WRONGFUL DISCHARGE: Summary judgment precluded by fact issues as to whether assistant store manager violated policies by drinking with subordinates on business trip, whether purported loss of trust constituted good cause, whether reason was pretextual… Molloy reversed (unpublished). [Read more…]
Subpoena duces tecum, improper service
Petitioner challenging former attorney’s fee lien had no obligation to produce documents at deposition because he was not personally served by a non-party, contempt/ sanctions denied… Sandler. [Read more…]
Defense verdict, wrongful discharge, drug test
VERDICT: Defense, wrongful discharge, meat packager, disputed drug testing compliance. [Read more…]
Insurance, bad faith statute of limitations
INSURANCE: Common law bad-faith claims against auto insurers time-barred… Molloy affirmed (unpublished). [Read more…]
Sex discrimination, $119,927, bartender
SEX DISCRIMINATION: $119,926.94 including $100,000 emotional distress for 5 months of harassment of bartender that started with inappropriate language by co-owner, grew to ugly descriptions of proposed sexual contact, spun out of control into terrifying “sneak attack” sexual contacts… constructive discharge established, but retaliation not proven… Terry Spear. [Read more…]
Negligence, pellet stove installation, house fire
NEGLIGENCE: Pellet stove installers entitled to summary judgment for Plaintiffs’ failure to produce expert as to standard of care, competent evidence of causation of house fire… Langton. [Read more…]
Ineffective assistance, failure to subpoena
INEFFECTIVE ASSISTANCE not established by failure to subpoena witnesses when State had already subpoenaed all fact witnesses and counsel made strategic decision not to call expert… request for continuance 8 days before trial to [Read more…]
VERDICT: Defense, excessive force arrest.
VERDICT: Defense, excessive force arrest.
A Missoula jury found that Adam Jackson did not prove by a preponderance of the evidence that Missoula Officer Garth Craigen deprived him of his constitutional rights under the 4th Amendment 1/17/09, when he was arrested on traffic ticket warrants.
Idiopathic fall injury
Injury from idiopathic fall onto level floor does not arise out of employment, not compensable… first impression… Shea. [Read more…]
Seizure/excessive force arrest, taser shooter
SEIZURE/EXCESSIVE FORCE ARREST: Deputy had reasonable suspicion for investigatory stop of man 200 from single-vehicle [Read more…]