DEATH PENALTY: State enjoined from using pentobarbital unless/until statute authorizing “ultra-fast-acting barbiturate” is modified… Sherlock. [Read more…]
Marital/foreign judgments, NJ default
MARITAL/FOREIGN JUDGMENTS: Husband precluded by res judicata, full faith & credit doctrine, from repeating challenges to NJ default judgment in Montana courts… wife properly denied 37-61-421 fees & costs, but [Read more…]
Prisoners, §1983, jail credit, statute of limitations
PRISONERS/§1983: Montana’s 3-year general PI statute applies in §1983 claim of failure to give credit for jail days… [Read more…]
Procedure, foreign judgment
PROCEDURE: Challenge of enforcement of $1,091,391 NJ family court judgments barred because of failure to file briefs, [Read more…]
Marital, past-due support, equitable estoppel
MARITAL: Wife not equitably estopped from seeking past-due support… Sherlock affirmed (IOR I-3(d)(v)). [Read more…]
Race/religion/government services, sweat lodge
RACE/RELIGION/GOVERNMENT SERVICES: Claims relating to prisoner sweat lodge ceremonies rejected… HRB affirmed… (HRC order). [Read more…]
International child abduction, “grave risk of harm”
INTERNATIONAL CHILD ABDUCTION: No showing of “grave risk of harm” under Hague Convention that would preclude return of child abducted by Montana father to her mother in Panama… Panama living conditions, legal system, health issues, [Read more…]
Wage claim, re-classified employee’s overtime
WAGE CLAIM: Re-classified employee’s overtime claim untimely, unauthenticated email not proper evidence of when he became aware of reclassification and no legal effect on when wage claim accrued… Sherlock affirmed. [Read more…]
Environment, CBM water rules
ENVIRONMENT: Appropriate standard of review of CBM water rules assembled from multiplicity of Acts raised in challenge… scientific basis for classifying pollutant parameters as harmful in 2006 when not so classified in 2003… new rules not more stringent than federal law, [Read more…]