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Administrative
Law
Judicial review:
(discrimination petition properly dismissed for failure to exhaust
administrative remedies, exception inapplicable as legal issue was
accompanied by fact issues) Shoemaker
v. Denke, 1/31:3
Appellate
Procedure
Appealable issue:
(award of attorney fees as sanction properly presented in second appeal
following withdrawal of objection to amount of fees and voluntary
dismissal of first appeal) Stipe
v. First Interstate Bank of Polson,
7/17:4; (summary judgment which does not determine liability of all
defendants not appealable) Reisbeck
v. Farmers Ins. Exchange,
8/7:2; (declaratory judgment denial in estate matter not appealable,
counterclaims not resolved) Estate
of Markle, 10/16:2;
(from order granting new trial) Marcher
v. Bonzell, 11/6:2
Briefs:
(over-length) Winslow v. MRL,
4/17:2
Cross-appeal: (issue
preserved despite failure to cross appeal) Flood
v. Kalinyaprak, 2/7:4
Habeas corpus: (non-appealable
habeas writ treated as original writ) Dexter
v. Shields, 6/26:2
Preliminary
injunction: (improvidently granted) Indian
Impact Schools v. State,
10/16:2
Interlocutory order:
(no appeal from non-certified interlocutory order) Tschida
v. Rowe, 2/28:1;
(appeal from order establishing need for conservator but prior to
appointment premature) Conservatorship
of Kloss, 4/17:2;
(denial of motion to dismiss for lack of jurisdiction not appealable) Pattee
v. American Express Financial Advisors,
6/19:1
Jurisdiction:
(lacking in request to review Crime Lab work to identify wrongful
convictions) Investigation
into Trace Evidence & Serology Sections of the Forensic Lab,
9/4:4; (lacking over entire appeal because no final judgment of
conviction) Reeder,
9/18:4
Justice court
appeal: (District Court had no authority to grant cert setting aside
Justice Court judgment because of adequate remedy of appeal) Marcher
v. Bonzell, 11/6:2;
(remedy for Justice Court's failure to rule on ability to pay fines is
postconviction relief, not district court trial de novo) Fyant,
11/6:5
Mediation:
(complaint to enforce settlement agreement allegedly reached during Rule
54 mediation properly dismissed) Nielsen
v. Brocksmith, 10/2:3;
(appellate mediation unsuccessful because parties too far apart) Marcher
v. Bonzell, 11/6:2
Municipal court
appeal: (District Court properly affirmed Municipal Court's finding of
particularized suspicion despite incomplete record, sloppy municipal court
record-keeping decried) Peterson,
8/28:2; (recording of municipal court hearing properly part of Supreme
Court record) State v. Lyons,
9/25:2
Municipal court
transcript: (required on appeal to Supreme Court) Iams,
2/14:3
Notice of appeal:
(Rule 4(c) requirements) Estate
of Kramer v. Kramer Bros. Co-Partnership,
1/10:2; (Rule 4(c) requirements) May,
3/13:3; (issues properly preserved) Massee
v. Thompson, 5/8:1;
(appeal allowed as to all parties under amended Appel. Rule 4(c)) Cressman
v. Burke, 8/14:2
Plain error review: State
v. Godfrey, 8/7:3
Sanctions: Lewistown
Propane v. Moncur, 1/3:1;
Tschida v. Rowe,
2/28:1; (refusal to give up litigation) Green
v. Dix (Roosevelt Hotel),
2/28:2; (denied) Renville
v. Farmers Ins. Exchange,
12/25:1
Supervisory control:
(denied on finding of inherently dangerous activity in bridge fall and
exclusion of expert for discovery abuse) D.H.
Blattner & Sons v. Henson,
9/11:1; (granted as to Plaintiff's objection to Rule 35 exam) James
v. Lympus, 9/11:1;
(denied on "urgent'' PERS petition) MPERB
v. McCarter, 9/11:1;
(denied, discovery rulings) Moore
v. Larson, 9/25:1;
(denied, discovery/protective orders) BNSF
v. Baugh, 9/25:1;
(granted, warrantless electronic eavesdropping) Christian
v. Phillips, 9/25:3;
(State should have filed separate youth case against father rather than
extending mother's case) MH
v. Macek, 10/16:2
Timeliness: (PR
appointment) Estate of
McMurchie, 4/24:2; Stipe
v. First Interstate Bank of Polson,
7/17:4
Youth: (informal
dispositions insufficient to justify youth correctional facility
placement) Thomas,
9/18:4
Arbitration
Partiality:
(partiality by panel member not established) Paulson
v. Flathead Conservation Dist.,
5/29:1
Scope: (clause's "any
dispute arising in connection with this Agreement'' compels arbitration of
all claims) Colstrip Energy
Limited Partnership v. Applied Control Systems,
5/29:5
Streambed Act:
(arbitration panel properly determined and exercised jurisdiction in
streambed v. lakeshore dispute) Paulson
v. Flathead Conservation Dist.,
5/29:1
Wrongful discharge:
(RIFed plant employees, policy retaliation) Dahl
v. HCR, 2/21:6;
(radio news director, holiday violation) O'Quinn
v. Reier Broadcasting,
2/28:8; (grocery produce manager, violation of Freshness program good
cause for discipline, but discharge violated personnel policies) Murphy
v. Albertson's, 10/30:4
Associations
Unincorporated:
(Plaintiffs not tenants in common with Association members in ownership of
common tract, no standing to sue over access) Edwards
v. Burke, 12/18:3
Attorney
Fees, Costs
Amount: (fees
improperly awarded based solely on affidavit of counsel without hearing) Rossi
v. Pawiroredjo, 3/6:2;
(to Defendant following stove fire defense verdict under LTA/offer of
judgment) Coleman v.
Kukdrna, 11/27:5
Amount stated:
(invoice constituted "amount stated'' on oral contract, collection action
timely) Whalen v. Montana
Right to Life Association,
11/20:2
Appeal: Key
West v. Winkler, 7/17:3
Attorney's lien:
(priority over chiropractor's lien regardless of timing) Wyant
v. Kenda, 12/11:2
Costs: Pankratz
Farms v. Marvin Pankratz,
7/17:2; (costs in LTA case limited to §25-10-201, paralegal fees not
recoverable) Coleman v.
Kudrna, 11/27:5
Declaratory action: Renville
v. Farmers Ins. Exchange,
12/25:1
Deposition costs:
(depositions not used in dispositive manner in summary judgment
proceeding, costs not recoverable) Ritchie
v. Ennis, 3/6:2
Entitlement: Pankratz
Farms v. Marvin Pankratz,
7/17:2
Insurance stacking:
(contingency) Cameron v.
State Farm Mutual Auto Ins.,
4/17:3
Settling
discrimination plaintiff: Carson
v. Billings PD, 5/22:5
Title VII
constructive discharge/retaliation: Conway-Jepsen
v. SBA, 6/19:6
Attorney
Practice
Attorney-client:
(passage of 11 years from decree did not conclude attorney/client
relationship) Marriage of
Weber, 8/14:1
Bar admission:
(proposal to implement reciprocity, reinstate admission on motion, and
relax pro hac vice rules rejected) Petition
for Revision of Rules of Admission to State Bar,
7/10:3
Discipline: (lawyer
violated MRPC 1.7 when he represented adverse clients) Matter
of Johnson, 1/31:1;
(senior partner, since retired, violated MRPC 1.10 when he and firm
represented adverse clients without appropriate inquiries about their
consent) Matter of Marra,
1/31:2; (lawyer violated MRPC 1.10 when he and firm represented
adverse clients without appropriate inquiries about their consent) Matter
of Wenz, 1/31:3;
(misdemeanor contempt warrants suspension) Matter
of Drew, 7/17:5; ("costs''
does not include attorney fees) Matter
of Flaherty, 11/20:2
Disqualification:
(motion to disqualify defense counsel in locker room video case denied on
condition of obtaining written consents from clients involving potential
conflict) Harry A. v. Duncan,
8/14:5
Ex parte contact:
(Plaintiffs' counsel may have ex parte contact with unrepresented
non-managerial current and former school employees) Harry
A. v. Duncan, 8/14:5
Legal malpractice:
(substantial evidence for defense verdict in company sale representation
case, ethics rule instruction properly denied) Byers
v. Cummings, 3/27:1;
(estate planning claim timely under discovery/accrual rules, not barred by
res judicata, collateral estoppel) Estate
of Watkins v. Hedman, Hileman & Lacosta,
6/12:1; (non-client beneficiary of estate plan has standing to sue
estate lawyer, claims not barred by res judicata, equitable estoppel,
judicial estoppel, estate planning claim timely) Watkins
Trust v. Lacosta, 6/12:2;
(claim time-barred by knowledge of essential facts, knowledge of legal
theories immaterial) Clyde
Park v. Younkin, 10/2:1;
(unsuccessful bidder has no claim against seller's lawyer) Crane
Creek Ranch v. Cresap,
12/18:3
Banking,
Commercial Paper
Debt collection:
(collection agency waived right to statutory damages by accepting part
payment, violated FDCPA by pursuing statutory damages without new demand
for full payment (first impression), "bona fide error'' defense not
applicable to mistake of law (first impression), damages judgment for
Debtor ($40 actual, $1,000 statutory, $17,000 fees) affirmed) Collection
Bureau Services v. Morrow,
4/10:1
Usury: (penalty for
18% default rate equitably imposed from date of term note execution to
maturity rather than trial) Confederated
Tribes of the Grand Ronde Community of Oregon v. Quantum Five,
6/12:4
Bankruptcy
Attorney fees: Higgins
v. Vortex Fishing Systems,
9/11:6
Bench
Judgments
Defamation/interference
with contract/business relations/restraint of trade: Bitterroot
Restoration v. Steinbacher,
10/2:6
Employment
discrimination: (probationary refinery worker) Hafner
v. Conoco, 11/27:6
ERISA: (improperly
withheld benefits, penalties) Swensen
v. ASARCO, 6/26:3; Raines
v. Donaldson Bros. Ready Mix,
7/24:5; (attorney fees/costs) Clawson
v. Fortis Benefits Ins.,
9/4:5
Forcible detainer: Harding
v. Skogen, 10/23:1
Foreclosure: (of
time-share condo liens by time-share owner) Arnett
v. Marina Cay Resort Villas,
9/11:2
House flooding/mold:
Howell Industries v. Story,
7/31:2
Ranch sale:
(ex-husband's share of ranch properties 14 years after divorce, "net
proceeds'' construed based on circumstances under which agreement was
entered to include debt at time of agreement and subsequent improvements) Ashley
v. Horn, 8/21:6
Snowmobile accident:
(FS trail, FTCA, catastrophic brain, parental consortium) Oberson
v. Forest Service,
1/31:5, (correction) 2/7:6
Wrongful discharge:
(Title VII constructive discharge/retaliation, SBA employee) Conway-Jepsen
v. SBA, 2/28:4
Civil
Procedure
Amendment: (denied) Hedrick
v. Loaf 'n Jug/Mini Mart,
6/5:4; (jurisdiction to allow amended
complaint not lost upon entry of judgment) Kruckenberg v. Kalispell,
7/17:4; (untimely request to add party) Lucas v. Health Laboratories of
North America, 7/31:4
Choice of law:
(Montana WDA applies over Indiana at-will employment law pursuant to
implied Montana choice of law, Montana residency) Burchett v. MasTec
North America, 7/10:2
Collateral source
reduction: (UIM insurer not entitled to collateral source reduction in PI
verdict) Haman v. MACo Ins., 3/6:3
Consent judgment
enforcement: Parsons v. National Fire Ins. of Hartford, 11/27:4
Consolidation:
(would subject some plaintiffs to judge who had been substituted, properly
denied) COP Const. v. Watters, 11/13:1
Contempt: (filing
motion with name of withdrawn lawyer in caption by lawyer charged with
witness tampering constituted contempt in presence of court, 1,000 hours
community service) Christian v. Phillips, 1/10:1
Counsel argument: Bailey
v. Beartooth Communications, 5/22:1
Damages: (punitives,
no showing of high probability of injury known or disregarded by extension
cord manufacturer) Omega II v. Gehr Industries,
2/14:5; (punitives
improperly reduced) Deonier & Associates v. Paul Revere Life Ins.,
10/30:1
Default:
(default/default judgment against pro se Texan who was not informed of
filing fee requirement should have been set aside) Sun Mountain Sports
v. Gore, 3/13:1; (set-aside properly denied, counterclaims dismissed
pursuant to default judgment) Caplis v.
Caplis, 6/12:4; (default
judgment against insurer on request for med-pay declaratory judgment,
settlement following set-aside denial) Monger v. Zinger,
6/19:5;
(entry of default/default judgment standards clarified, no good cause for
setting aside entry under "willful'' standard) Essex Ins. v. Jaycie
(Gold Bar Tavern), 10/9:1
Discovery:
(defendant allowed to serve responses late, motion treated as one to
withdraw deemed admissions) Van Dyke Const. v. Loughmiller Reclamation,
1/24:3; (supervisory control of denial of protective order of law firm
files denied) Todd & Associates v. Greenwood Plaza Associates,
2/7:3; (dismissal as sanction for dilatory discovery) Smart v.
Molinario, 2/7:3; (proposed statement of facts to be read to jury as
sanction for deposition delay) Simonsen v. Allstate Ins.,
2/21:5;
(limited to witnesses/documents directly related to insurance bad faith
claim) Graham v. State Farm Mutual Auto Ins.,
2/28:4; ("at-will''
defense rejected, sanctions for refusing to admit otherwise, financial
data discoverable for possible punitives for whistleblower claim,
discovery sanctions) Ivers v. Don K Chevrolet,
8/7:5; (bulk of 85
last-minute deposition notices quashed) Harry A. v. Duncan, 8/14:4
Dismissal:
(complaint improperly dismissed for failure to attend scheduling
conference) Vermeer of Washington v. Jones (Big Sky Underground
Systems), 4/3:2; (dismissal rather than summary judgment proper in
trust property dispute following divorce adjudication, judicial estoppel,
unclean hands) Cowan v. Cowan,
4/24:1; (voluntary, properly granted
without payment of fees/costs) Hepp v.
Conoco, 7/24:5
Enlargement of time:
(discretionary) Marriage of Weber, 8/14:1
Estoppel: (judicial,
marital property claim barred by judicial estoppel of title manipulation
to prevent support levy) Cowan,
3/27:3; (collateral) Estate of
Watkins v. Hedman, Hileman & Lacosta),
6/12:1; (equitable,
judicial) Watkins Trust v.
Lacosta, 6/12:2
Experts: (ERISA
experts excluded/limited for failure to properly disclose opinions) Raines
v. Donaldson Bros. Ready Mix,
1/17:4; (inadequate disclosure) Mercurio
v. Smurfit-Stone Container,
3/20:5; (pre-litigation expert fees
properly submitted as damages) Glacier Tennis Club at the Summit v.
Treweek Const., 3/27:2
Fictitious name:
(Plaintiff "ignorant'' of Defendant's true legal name due to
misinformation from Washington Secretary of State, must be allowed to
substitute Doe defendant in original complaint) Molina v. Panco Const.,
8/7:1
IME: (neurological
exam lacks specificity) Mortensen v. Waite, 4/24:4
Injunction: (review
standard for injunction clarified to "manifest abuse of discretion,''
preliminary injunction in mine pollution suit properly granted,
undertaking properly denied) Shammel v. Canyon Resources, 1/3:1;
(Plaintiff properly recovered money damages from subdivider for diminution
in value for failure to record covenant against commercial use, and also
injunction against commercial use, injunction properly granted against
mother who formed sham corporation to evade injunction against son)
Rice
v. Lanning, 9/4:2
Insurance injection:
(Plaintiffs not allowed to testify of dealings with adjuster in response
to suggestion that they hired lawyer to manufacture claim)
Jenks v.
Bertelsen, 3/6:1
Interest: (tort
prejudgment interest denied) Glacier Tennis Club at the Summit v.
Treweek Const., 3/27:4; (on reinstated $1,150,000 verdict in insurer/agent Forman
defense case) Deonier & Associates v. Paul Revere Life Ins.,
12/4:1
Intervention:
(untimely intervention in child support action, fees/costs awarded)
Connell
v. CSED, 1/10:2; (untimely)
Powell Co. v. 5 Rockin MS Angus Ranch,
2/28:2
Joinder:
(permissive) Edman v. Exxon Mobil, 11/20:7
Judgment: (improper
to look beyond judgment that is plain)
Harland v. Anderson Ranch,
5/29:1
Jury: (juror
misrepresentation) Bailey v. Beartooth Communications, 5/22:1
Justiciable
controversy: Advocates for Education v. DNRC, 8/28:2
Law of case:
Deonier
& Associates v. Paul Revere Life Ins., 10/30:1; (change of defense
theory on remand) Hawkins v. MSP, 10/30:2
Objection to motion:
(no good-faith basis) Johnson v. US, 5/8:5
Offer of judgment:
(included chiropractic bill, chiropractor properly included as payee on
settlement check, but attorney's lien had priority over chiropractor's
lien regardless of timing) Wyant v. Kenda, 12/11:2
Res judicata:
Estate
of Watkins v. Hedman, Hileman & Lacosta, 6/12:1;
Watkins Trust
v. Lacosta, 6/12:2
Rule 35 exam:
(supervisory control not warranted in denial of IME in UIM action
following IME in underlying action)
State Farm Mutual Auto Ins. v.
Mizner, 7/24:2
Rule 59(d): (no
jurisdiction to grant new trial following 50/50 MVA verdict outside 60-day
59(d) time, deadline constitutional)
Forsythe v. Leydon, 11/27:1
Sanctions: (Rule 11
sanctions against title insurer for contacting opposing party's expert for
"apparent'' unethical purposes denied, sanctions awarded to insurer
against opposing party's counsel) Thomas v. Jett, 1/3:3; (no
sanctions for alleged disclosure of confidential information)
Thomas v.
Jett, 1/3:4
Service: (service
complete once motion to enforce decree placed in mail, personal service
not required) Marriage of Weber, 8/14:1
Settlement
negotiations: (equitable estoppel, post-negotiations letter)
Estate of
Stukey, 10/16:1
Standing: (taxpayer)
Freedom from Religion Foundation v. Montana Office of Rural Health,
11/6:5
Statute of
limitations: (bailment, suit to recover damages for unreturned horses
barred by 3-year statute for breach of obligation, 5-year contract statute
not applicable) Demarest v. Broadhurst, 6/12:3; ("year'' ends 1 day
prior to start of next year, slip & fall claim barred by 3-year
statute) Bosch v. Town Pump, 11/27:2
Untimely motions:
International
Paper v. Frame, 1/17:4
Verdict:
(sufficiency) Jenks v. Bertelsen, 3/6:1
Civil
Rights
Liberty/property
interest: (bail bondsmen not deprived of protected liberty or property by "time-pay''
program) Restvedt (Valley Bail Bonds & Process Service) v. Carlson,
7/24:5
School access:
(school board's invitation (later rescinded) to Christian speaker did not
ripen into constitutional/statutory right under §1983)
Carpenter v.
Dist. 10 School Board, 5/22:4
Condemnation
Highway widening:
(damages for land taken in highway widening, no severance damages for
claimed diminution of remainder's commercial value, costs inappropriately
awarded to DOT) MDOT v. Simonson, 3/20:1
Conservatorship
Estate dissipation:
Kloss,
4/3:2
Constitutional
Law
11th Amendment
immunity: Freedom from Religion Foundation v. Montana Office of Rural
Health, 11/6:5
Civil rights: (city
council members immune from §1983/state law claims in individual
capacities, official capacity claims redundant)
Germann v. Stephens,
9/11:3
Establishment
Clause: (taxpayer funding of parish nursing programs impermissibly
advances integration of religion into secular health care, impermissibly
endorses faith & religion, §1983, MSU official/organizer enjoined)
Freedom
from Religion Foundation v. Montana Office of Rural Health, 11/6:5
False arrest:
(qualified immunity for officer who investigated theft suspicions against
caretaker, no §1983 liability by County in initiating unsuccessful
prosecution) Kane v. Lewis & Clark Co., 9/25:6
Free speech:
(challenge of student association election spending cap unlikely to
succeed on merits, preliminary injunction denied)
Flint v. ASUM,
10/16:4
Notice of
constitutional challenge: (bill enactment challenge barred by failure to
notify AG/Court) Weinert v. Great Falls, 7/3:1
Open meetings:
(University System "Policy Committee'' meetings subject to open meeting
laws, committee meeting guidelines)
AP v. Crofts, 5/8:3; (no abuse
of discretion in not voiding since-expired CBA that resulted from
inadequately noticed meetings) Motta v. Philipsburg School Dist.,
9/25:1; (Board of Adjustment meeting not adjourned prior to approval of
variance, tape not altered) Holzworth v. Yellowstone Co. Board of
Adjustment, 12/18:7
Religion: (exclusion
of unaccredited religious school from MHSA not violative of free exercise
clause) Valley Christian School v. MHSA, 2/28:1
Sovereign immunity:
(elements of causes accrued after 1972 sovereign immunity abrogation
(first impression)) Orr v. State, 12/18:1
Contracts
Aircraft
sale/purchase: ($2 million for breach by buyer, allegedly nonconforming
planes sold "as is'' "in good operating condition'' subject to
inspections) Corporate Air v. Edwards Jet Center, 10/30:3
Construction lien:
(work for sole purpose of enhancing value, not to extend lien filing time,
workmanship claim rejected) Rossi v. Pawiroredjo, 3/6:2
Last antecedent
rule: American Music Co. v. Higbee, 12/11:2
Liquidated damages:
(guarantor entitled to liquidated damages for breach for remainder of
agreement regardless of prior release from guaranty under "last antecedent
rule,'' but fact issues as to conscionability preclude summary judgment
against guarantor) American Music Co. v. Higbee, 12/11:2
Novation:
Tvedt
v. Farmers Ins. Group, 5/15:2
Ranch buy-sell:
(original ranch buy-sell with payment and commission at closing properly
amended to installment payments/commissions (brokers lost installment
commissions when buyer defaulted))
Big Sky Management v. Bullis Creek
Ranch Ltd., 5/29:4
Tennis court
defects: Glacier Tennis Club at the Summit v. Treweek Const.,
3/27:2
Corporations
Dissolution:
(in-kind distribution of assets not precluded by prior appeal)
Estate
of James, 12/4:3
Shareholder
oppression: (claims rejected) Pankratz Farms v. Marvin Pankratz,
7/17:2
Courts
Fraud on court:
(decree amendment not justified by wife's response to her lawyer's
unartful question, no newly discovered evidence about status of dental
treatment, insurance premiums) Marriage of Weber, 12/18:4
Jurisdiction: (lost
over 60(b) motion after appeal notice filed)
Lewistown Propane v.
Moncur, 1/3:1; (demand letter prior to disclosure of policy limits
insufficient to establish jurisdictional amount)
Berg v. Hulbert,
1/24:2; (diversity), ("real party in interest'' rule applied in subrogation
action against alleged fire tortfeasor where insureds have ratified)
Pacific
Indemnity v. Johnson, 3/13:4; (first-to-file, forum conveniens)
Keller
v. Qwest Communications International, 5/1:5; (no personal
jurisdiction over airport services company for Utah boarding chair
incident) Daley v. Delta Air Lines, 5/15:4; (criminal, fires set on
state lands) Grant, 5/22:6; (first-to-file)
Overhead Door Corp.
v. Lumbermens Mutual Casualty, 5/29:4; (no Montana personal
jurisdiction over Wyoming hospital and doctor who failed to phone E-coli
test results to Montanan) Econom v. Campbell Co. Memorial Hospital,
6/5:3; (failure to allege amount/citizenship, failure to exhaust WCC)
Ruhd
v. Liberty Northwest Ins., 7/24:5; (Defendant failed to establish
jurisdictional amount based on verdicts in analogous causes (as
opposed to analogous facts) and refusal of Plaintiff to stipulate
to amount) Luchi v. State Farm Mutual Auto Ins., 9/18:5; (joinder
of supervisors in asbestosis case not fraudulent in light of possibility
that Plaintiff could avoid comp exclusivity, no authority to transfer to
MDL, remanded to State Court) Ball v. International Paper, 9/25:7;
(no personal jurisdiction over SD gun maker in suit by Montana concept
creators) Otto v. Dakota Arms, 10/9:5; (long-arm jurisdiction over
Ohio die manufacturer) Boyd (B.T. Metal Works) v. United Die &
Mfg., 10/23:2; (personal jurisdiction over Idaho insurance
agent/agency doing business in Montana)
Nasca v. Hull, 11/6:2;
(following appeal, termination of irrigation district exclusion statute)
Larango
v. Missoula Irrigation Dist., 12/25:4
Referee: (improper
ex parte communication) Myers v. Dee, 7/17:4
Removal/remand: (PCB
suit remanded to State Court based on immunity for state agency, equitable
deference to state law) Paulson v. Monsanto (nka Pharmacia), 7/17:6
Substitute JP:
(designation) State v. Beaupre,
11/6:3
Venue: (for tort
action against Montanans and foreign corporation proper in resident
agent's county) Nelson v. Cenex, 7/3:1; (plaintiff with multiple
tort/wage counts chose proper venue in Flathead Co., Judge erred in
changing to Sanders) Liang v. Lai et al, 7/24:2
Crime,
Criminal Procedure
Accomplice
corroboration: Black, 1/10:4
Arrest: (based on
similar name a reasonable mistake under Hill analysis)
Bateman,
12/11:5
Arson:
Olsen,
6/26:3
Assault:
Slavin,
4/3:2; (intoxication instruction proper, evidence of post-arrest
intoxication proper, no support for instruction on injury to bystander
while acting in self-defense, justifiable force)
McCaslin, 8/21:3
Assault on officer:
(mental state) Rinkenbach, 1/3:2; (officer did not have to see
pistol to feel threatened) Steele, 10/9:3;
Gray, 12/11:6
Assault with weapon:
(victim's fear of serious bodily injury not required to prove reasonable
apprehension) McMahon, 1/3:2;
Brasda, 1/10:3; (vehicular, "impossibility''
theory) York, 1/10:4;
Slavin, 4/3:2; (prosecutorial
discretion to charge assault with weapon rather than privacy in
communications, assault with weapon may be established in phone threat,
but only as to intended victim, not third party, retained count in plea
agreement improperly charged assault of third party)
Smith, 7/31:1;
(unlit hot cigarette lighter a "weapon'')
J, 9/25:3;
Bar-Jonah,
12/11:3
Assisting
unqualified applicant to obtain resident license:
Ruiz, 5/29:3;
(justifiable force) McCaslin, 8/21:3
Attempted deliberate
homicide: Aceto, 9/18:2
Burglary:
Flowers,
3/6:4; (single entry into residence where 2 people were assaulted
constitutes 1 aggravated burglary, not 2)
DeWitt, 11/27:2
Careless driving:
Peterson,
8/28:2
CJA-23 Financial
Affidavit: (False statements made for purposes of appointing counsel were
made during a "judicial proceeding,'' not subject to prosecution under
amended 18 USC 1001(b)) McNeil, 4/10:8
Clandestine lab:
(statute not unconstitutionally vague or overbroad)
Leeson, 1/10:3;
Kougl, 9/18:3
Clean Water Act:
Phillips,
2/21:6
Competency: (no sua
sponte competency hearing) McCarthy, 11/20:4; (additional
commitment properly ordered on finding that "it does not appear''
Defendant would regain fitness) Yarnall, 12/4:6
Confrontation
Clause: (jury not fully informed, due to limited cross, that key witness
may have been motivated by plea agreement to lie, error not harmless since
Defendant's account plausible, Marijuana distribution/money laundering
conspiracy conviction reversed) Schoneberg, 11/27:8
Contempt: (due
process not offended by §3-1-518 (2001) (judge may punish contempt
arising from violation of order issued by that judge after hearing on the
order), partiality not established by finding of accused not credible)
Drew,
6/26:2; (no jurisdiction after 1 year following expiration of DUI sentence
to prosecute for contempt for failure to comply with sentence (1997 law)
Dexter
v. Shields, 6/26:2; (JP had jurisdiction to find contempt for failure
to complete treatment/monitoring, writ of review proper for challenge)
Schaefer,
8/7:4
Continuance: (no
abuse to require choice between continuance to prepare for State witness
or losing opportunity for Defense witness to testify)
Grindheim,
11/13:2
Counsel: (appointed
counsel from outside Public Defender's office denied)
Richardson,
8/21:4
Criminal
endangerment: (vehicular, "impossibility'' theory)
York, 1/10:4
Deliberate homicide:
Deschon, 2/21:2; Reavley, 2/28:8;
Soraich, 8/21:4
Delinquent youth:
(polygraph improperly entered Court's review, rape disposition reversed,
remanded, Youth Court jurisdiction improperly extended to age 25, family
counseling/travel/counsel expenses properly denied)
NV, 6/5:2;
(youth and mother waived Miranda rights, meth confession properly
not suppressed) CL, 6/5:2
Disorderly conduct:
(disturbance of status quo sufficient to convict)
Chapman, 1/17:1
Driver's license
suspension: (10-year suspension discharged when negligent homicide
sentence discharged, subsequent suspensions limited to 1 year each, not
additional 10-year periods) Parpart, 1/24:1
Drugs: Lozon,
2/28:3; (Defendant possessed with intent to distribute 83.2 grams of meth
that had been FedExed to him, not merely the 2.3 grams received in
controlled delivery after agent had removed 80.9 grams)
Johnson,
3/20:8; (production/possession double jeopardy)
Minez, 5/15:2;
(officers qualified to give lay opinion as to intent to sell)
Frasure,
11/27:4; Gouras, 12/11:4;
Bateman, 12/11:5
DUI: (officer had
community caretaker duty to check on occupant of parked vehicle)
Nelson,
1/31:3; (payment schedule/ability to pay not required for mandatory fine,
pretrial detention should be credited toward fine, ability to pay for
aftercare program not considered)
Mingus, 2/14:2; (particularized
suspicion to stop vehicle crossing yellow center line, no need for
arresting officer to testify to probable cause when supervisor witnessed
and testified, license reinstatement denied)
Widdicombe, 3/13:2; ("citizen's
arrest'' by airmen based on alcohol odor illegal, evidence must be
suppressed) May, 3/13:3; (particularized suspicion to stop based on
citizen report to dispatcher, 4th-offense enhancement properly based on
Washington DUIs) Hall, 5/8:4; (stop properly based on officer's
observation following anonymous tip)
Brander, 6/19:3; (JP had
jurisdiction to find contempt for failure to complete
treatment/monitoring, writ of review proper for challenge)
Schaefer,
8/7:4; (particularized suspicion for stop by reserve deputy)
Loney,
8/7:4; (indications other than alcohol odor)
Muri, 8/21:4;
(indications other than alcohol odor) Brewer, 8/21:4; (request to
review officer's personnel records denied)
Peterson, 8/28:2;
(public roadway question at issue by trial, counsel not ineffective for
not moving to dismiss) Maki, 8/28:3; (4th-offense Defendant failed
to prove waiver of right to counsel in prior DUIs by direct evidence,
attorney testimony not relevant to rebut presumption of regularity,
insufficient evidence of Alco-Sensor accuracy for evidence of guilt, but
intoxication proven by officer's observations, officer properly testified
as lay witness, opinion withdrawn and replaced)
Snell, 9/25:2; (Intoxilyzer
properly administered, no-ingestion rule)
Lyons, 9/25:2;
(4th-offense Defendant failed to prove waiver of right to counsel in prior DUIs, but insufficient evidence of Alco-Sensor PAST accuracy for evidence
of guilt, officer properly testified as lay witness, replacement opinion)
Snell,
12/4:3; (particularized suspicion to stop based on swerve into center turn
lane, no prejudice by admitting breathalyzer test which failed to print
out) Otto, 12/4:4; (traffic stop justified by pickup making wide
turn at intersection) Steen, 12/11:5,
12/18:7; (BAC testimony,
retrograde extrapolation v. elimination phase, decedent's BAC properly
excluded in negligent homicide case)
Larson, 12/18:6
Exclusion from
courtroom: (failure to exclude officer from courtroom harmless error)
Flowers,
3/6:4
Experts: (officer
properly testified as lay witness) Snell, 9/25:2,
12/4:4; (no
prejudice in allowing arresting officer to testify despite lack of written
notice) Boettiger, 12/4:5
Expunction: (no
inherent judicial power to expunge criminal records)
Chesley,
6/26:3
Fair trial: (rights
not violated by leg irons, shackling standard adopted)
Herrick,
12/4:5
Family member
assault: (misdemeanor information properly amended day of trial to charge
felony based on prior convictions)
Gardipee, 9/18:3
Felony amount:
Black,
1/10:4
Game: (killing elk
with gun during bow season) Bowman, 5/15:2
Incest:
JC,
4/3:2; (late added expert, expert opinion as to sexual abuse, evidence
through mother's testimony that Defendant abused child, expert's
bolstering testimony not allowed, mandatory 4-year minimum sentence)
Bailey,
4/10:3
Ineffective
assistance: (counsel not ineffective in questioning victim about coaching)
JC, 4/3:2; (not amenable to appeal)
Olsen, 6/26:3; (counsel
ineffective, defendant must be allowed to withdraw guilty plea)
Henderson,
7/3:2; (no actual conflict of interest by former prosecutor defense
counsel) Thurston, 7/3:3;
Sellner, 8/7:3;
Soraich,
8/21:4; (claim that lawyer improperly conceded to jury guilt as to
resisting arrest more appropriately raised in postconviction proceeding)
Audet,
9/11:2; (failure to request instructions on accomplice testimony)
Kougl,
9/18:3
Information
amendment: (misdemeanor information properly amended day of trial to
charge felony based on prior convictions)
Gardipee, 9/18:3
Intimidation/tampering:
Motarie, 10/23:3; (subjective fears properly considered, sufficient
evidence of intimidation of POs, prosecutor, judge)
McCarthy,
11/20:4
Investigative stop:
(stop & frisk of youth behind parked vehicle at night proper under
circumstances and prior contact) DRB, 4/17:2
Jury: (no abuse of
discretion to refuse to provide written jury instructions)
Jones,
1/10:5; (unrecorded voir dire properly reconstructed, no ineffective
assistance in voir dire) Deschon, 2/21:2; (Defendant improperly
excluded from questioning of juror who had inappropriate witness contact,
but not deprived of fair trial) Kennedy, 3/20:4; (challenges for
cause standard clarified, challenges properly denied)
Heath,
3/20:4; (challenge of jailer for cause properly denied)
Richeson,
5/8:4; (bailiff's encouragement to deadlocked jurors to keep working not
proper but mirrored what judge would have instructed, not impermissible Allen
instruction) Steele, 10/9:3; (juror properly excused after
submission) Grindheim, 11/13:2; (unanimity)
Gray, 12/11:6
Kidnap:
Slavin,
4/3:2; Aceto, 9/18:2; (aggravated)
Bar-Jonah, 12/11:3
License suspension:
(commercial rather than non-commercial form irrelevant to suspension)
Alexander,
4/17:3
Negligent homicide:
(BAC testimony, retrograde extrapolation v. elimination phase, decedent's
BAC properly excluded, evidence of post-accident signs properly excluded,
mental state not an issue in negligent homicide, sufficient evidence)
Larson,
12/18:6
Notice of charge:
DeWitt,
11/27:2
Official misconduct:
(false overtime claims) Struble, 5/1:3
Other crimes/acts:
(admission of marijuana use in sex trial)
Insua, 2/7:5
Outfitting without
license: Ruiz, 5/29:3
Plea withdrawal:
(newly discovered evidence) White, 4/24:4;
Martin, 10/23:4
Postconviction
relief: (petition untimely, "new evidence'' not material enough to have
changed murder conviction) Raugust, 1/3:2; (timely petition
following abandonment of appeal by counsel and breakdown of people and
institutions that were obligated to protect right of appeal)
Patton,
1/17:2; (failure to consider sentencing alternatives not jurisdictional,
not amenable to postconviction relief, no actual conflict of
interest by former prosecutor defense counsel, ineffective assistance
claims based on conversation with counsel amenable to postconviction
proceedings) Thurston, 7/3:3; (court has discretion to set amended
petition deadlines, subject to new evidence limitation)
Sellner,
8/7:3; (claim that Judge erred in imposing 45-year sentence on youth not "jurisdictional
but still subject to 1-year filing time, postconviction a "special
proceeding,'' time-frame "jurisdictional,'' cannot be waived by failure to
raise below, petition barred by time and failure to directly appeal)
PeÁa,
10/23:4
Prisoners: (§1983
claims against pre-release employees)
Quigg v. Armstrong, 8/14:4
Privacy in
communications: (threat communicated indirectly over phone constituted
communications privacy violation) Flowers, 3/6:4
Pro se: (adequacy of
advice regarding pro se representation) Insua,
2/7:5
Rape: (evidence
aimed at showing that victim was raped by half-brother rather than
Defendant properly excluded) Price, 1/10:4; (digital penetration
trauma) Insua, 2/7:5;
Kennedy, 3/20:4;
Heath, 3/20:4;
(wife's Just-challenged testimony that Defendant was abusive not
related to charge of raping stepdaughter, prior consistent statements
properly admitted) Teters, 5/29:3; (psychiatrist's opinion as to
ability to know right from wrong did not go to ultimate issue of mental
state, mistrial properly denied, social worker properly allowed to testify
about cult behaviors) Sandrock, 7/31:1; (sufficient evidence of
oral penetration, instruction on child endangerment as lesser-included
properly denied) Grindheim, 11/13:2
Restitution:
Rinkenbach,
1/3:2; (sufficient "documentation'' under 2003 law)
Hastie, 1/24:1;
(codification of 1999 amendments not intended to make substantive change
in penalties/conditions for deferred/suspended sentences, restitution
properly ordered in jewel theft except payment time/method)
Heath,
5/22:2; (failure to specify amount)
Eixenberger, 5/22:3; (rekeying
commercial building from which Defendant committed theft properly included
in restitution) Thompson, 5/29:2; (improperly imposed for missing
cattle not related to charge of illegal branding, proper for feed bill for
seized cattle, ability to pay inadequately determined)
Mikesell,
6/19:3; (on dismissed forgery of checks stolen during burglary)
McIntire,
9/11:2; (improperly ordered from SS)
Eaton, 10/23:4; (extra
mortgage costs, surveillance rental, are pecuniary losses, not excessive
fine or cruel/unusual punishment)
Good, 11/6:4; (no standing to
challenge HB 220 (2003) constitutionality, Defendant properly ordered to
pay $69,457 to aggravated assault victim)
Thaut, 12/25:4; (actual
value, not replacement cost, for restitution, but no prejudice as $20,299
is minuscule fraction of cost of building)
Gilbert, 12/25:5
Revocation:
(telephonic testimony) Megard, 3/27:3
Right to be present
at trial: (violated when Defendant excluded for disruptive behavior
without warning and not allowed to return)
Aceto, 9/18:2,
11/20:5;
(waiver of trial appearance properly accepted)
McCarthy, 11/20:4
Search &
seizure: (defective warrant in fruitless weapons search violative of 4th
Amendment, no qualified immunity for team leader who failed to check
warrant for errors) Groh v. Ramirez, 3/6:6; (drug dog sniff of
vehicle exterior constituted search, but search was appropriate based on
particularized suspicion, subsequent search warrant supported by probable
cause) Hart, 3/13:3; (seizure with and without warrants,
corroboration) Bowman, 5/15:2; (no preliminary showing of falsity
of informant's statements, no hearing required on motion to suppress)
Minez,
5/15:2; (no exigent circumstances for opening fanny pack immediately after
arrest for obstructing officer, drug evidence properly suppressed)
Lanegan,
5/29:2; (exigent circumstances of suffering animals justified warrantless
search of property, house search proper as probationary search)
Stone,
6/19:2; (defendant not unlawfully detained following concluded
investigatory stop, consented to warrantless search)
Merrill,
7/3:1; (driver not unlawfully seized during "small talk'' after conclusion
of speeding stop, no reasonable expectation of privacy in unlawfully
possessed rental car, nor in bags after driver disclaimed knowledge of
them) Hill, 7/24:3; (party guest had privacy expectation in
bathroom, police entry at sound of vomiting not justified by caretaker
doctrine) Smith, 9/4:4; (party guest had no expectation of privacy
in bedroom) Redlich, 9/4:4; (probable cause to search car for meth
and marijuana based on Defendant's appearance, officers' knowledge,
marijuana pipe) Frasure, 9/18:3; (driver consented to search of car
after conclusion of speeding stop, not illegally detained while sitting in
patrol car after speeding ticket concluded)
Snell, 10/9:3;
(residential warrant for explosives supported by probable cause,
informant's statements did not need to be corroborated, suppression of meth lab properly denied)
Meyer, 10/9:4; (probable cause for drug
warrant based on photos by confidential cleaning person, valid consensual
search) Beaupre, 11/6:3; (warrantless searches justified by garage
door opening upon impact of knock, fresh motorcycle smoke in "plain
view,'' consent to search house)
DeWitt, 11/27:2; (suspicious
vehicle in alley with same county license as truck of theft suspects, drug
suppression motion denied) Fellers, 12/4:5; (pipe on suspect with
suspected meth residue seized incident to arrest following license stop
insufficient cause for warrant to search pickup, but meth items in pickup
bed in plain view provided cause for warrant to search house where
evidence supporting charges was found)
Griffin, 12/4:6;
Bar-Jonah,
12/11:3
Sentencing:
(allegations of plea-bargain-dismissed crimes properly considered in
sentencing, punishment of teenager with belt not sufficient for violent
offender designation, new judge for resentencing on remand denied)
Mason,
1/3:3; (Defendant should have been credited for time served while awaiting
revocation hearing under unique facts)
Wright, 1/17:2; (sentence
based on mistaken belief that Defendant was on probation rather than
parole properly modified) Frazier, 1/17:3; (10-year driver's
license suspension discharged when negligent homicide sentence discharged,
subsequent suspensions limited to 1 year each, not additional 10-year
periods) Parpart, 1/24:1; (prohibition against alcohol not related
to forgery conviction) Smith, 2/7:5; (13-month DUI sentence began
when Defendant surrendered to jail officers who refused to take him,
sentence has run) Nelson, 2/28:3; (inadequate suspension of DOC
commitment) Heath, 3/20:4; (sentence not augmented for failure to
admit to offense) JC, 4/3:2; (legality to be reviewed by Court when
defendant ineligible for SRD, 40 years no driving too harsh in negligent
homicide case) Herd, 4/10:3; (juvenile age, time of crime v. time
of disposition) Leon, 4/24:6; (5 years for felony animal cruelty
excessive) Stone, 6/19:2; (no jurisdiction to modify sentence in
exchange for postconviction waiver)
Evert, 7/17:5; (statutory
procedures for conforming judgment to oral pronouncement did not modify Lane,
"stock'' probation requirements in judgment not violative of Lane/Johnson,
some conditions reasonably related to check offense, some not)
Kroll,
8/7:2; (post-Blakley "factors'' v. "enhancements'' under
Guidelines) Hankins, 8/7:5; (some conditions properly included in
written judgment following assault on officer conviction that were not in
oral pronouncement, some improperly included)
Lucero, 9/18:2; (due
process not violated by resentencing to greater imprisonment, oral/
written judgment should be by same judge)
Redfern, 10/9:4; (2,000
hours community service, future counseling costs)
Grindheim,
11/13:2; (PSI bias) Bar-Jonah, 12/11:3
Severance: (mere
allegations of prejudice below insufficient to warrant review of refusal
to sever sexual assault and sexual abuse of children)
Yecovenko,
12/18:6
Sexual assault: Insua,
2/7:5; (50-year prison sentence for assault of minor)
Legg, 2/14:2;
Godfrey, 8/7:3; Bar-Jonah, 12/11:3
Sex/violent offender
registration: (not violative of full restoration of rights)
Wagner,
2/21:3
Silence: (State may
not comment on post-arrest silence regardless of waiver form or no Miranda
warning, but claimed Doyle error not objected to, no clear
infringement of right to remain silent, no plain error review)
Godfrey,
8/7:3
Speedy trial:
(dismissal for unnecessary delay in initial appearance by defendant who
was not arrested denied, speedy trial prejudice claim denied)
Peterson,
8/28:2; (342 days from arrest to trial, State's delay 2 days less than 275
bright line, Defendant failed to prove prejudice)
Blair, 12/25:5
Theft: (false
overtime claims) Struble, 5/1:3
Theft conspiracy:
(corroboration, felony amount) Black, 1/10:4; (failure to return
roommate's vehicle, control, situs, no evidence for rental restitution)
Dahlin,
2/21:2; Flowers, 3/6:4
Traffic stop:
(reasonable suspicion for stop of suspected gun thief based on reasons in
addition to questionable U-turn, questioning did not exceed scope of stop,
Miranda warnings not necessary after first gun found, consent to
search voluntary, suspect not illegally questioned after requesting
attorney) Zurmiller, 4/24:6; (based on burglary investigation, not
driving, proper) Eixenberger, 5/22:3; (nonverbal conduct not
subject to suppression by failure to give frisk/Miranda advisories,
license plate stop properly extended to DUI investigation resulting in
drug charges) Nelson, 11/20:4; (justified based on relayed citizen
report of expired plates that turned out to not be expired)
Gouras,
12/11:4; (justified by pickup making wide turn at acute intersection)
Steen,
12/11:5
University police:
(within jurisdiction to stop speeding/DUI driver pursuant to agreement
with city and county) O'Neill, 11/27:3
Venue:
Ruiz,
5/29:3; (pretrial publicity)
Bar-Jonah, 12/11:3
Youth: (shoes/jeans
improperly taken from golf course vandalism suspect, extra-judicial
statement/lack of statement improperly allowed into evidence)
CTP,
6/19:3
Discrimination
Age: (statute of
limitations, claimant need not allege prima facie claim to survive
12(b)(6) motion) Edman v. Exxon Mobil, 11/20:7
Disability: (county
road employee's lost wages following surgeries not result of "disability''
under HRA) Adamson v. Pondera Co., 2/14:1; (depressed teacher
unable to work but not "qualified individual with disability,'' Canadian
medical evidence not admissible for truth of matters asserted, no costs
award to school despite offer of judgment)
Pannoni v. Browning School
Dist. 9, 5/22:1; (letting non-disabled husband use ski bike to
accompany disabled wife on ski bike would constitute fundamental
alteration of ski hill's services, not required accommodation under ADA)
Murphy
v. Bridger Bowl, 5/29:5; (railroad discriminated against obese
conductor applicant without individual risk assessment)
Bilbruck v.
BNSF, 8/7:6, 12/11:8
Political: (county
treasurer employee) Lenoir v. Sellers, 5/1:2; (public defender)
Drew
v. Yellowstone Co., 11/13:5
Sex:
O'Leary v.
Butte-Silver Bow Local Government, 4/3:4; ("borderline'' harassment by
manager did not create hostile work environment, retaliation by owner not
based on employee's sex) Altmaier v. Haffner, 4/24:4; (finding of
discrimination/retaliation against LEA supervisor affirmed, $50,000 award
which had been reduced to $10,000 by HRC reinstated)
Hooper v.
Butte-Silver Bow Co. 7/10:3; (male on plumbing crew barraged with
offensive sexual comments, but no discrimination based on sex, first
impression of same-sex sexual harassment)
Campbell v. Garden City
P&H, 8/28:1; (public defender)
Drew v. Yellowstone Co.,
11/13:5
Statute of
limitations: (no equitable tolling for untimely harassment claim)
Arthur
v. Pierre Ltd. (Pollard Hotel), 11/6:1
Torts: ("criminal''
conduct tort claims are recharacterization of sexual harassment, subject
to HRA exclusivity) Arthur v. Pierre Ltd. (Pollard Hotel), 11/6:1
Elections
At-large: (Indian
inequality in county commission elections)
US v. Blaine Co., 4/24:6
Initiative/referendum:
(District Court must determine whether obscenity ordinance would be
substantively constitutional if passed, not merely whether it is
legislative or administrative) Ravalli Co. v. Erickson, 2/28:1
Employees
Davis-Bacon:
(failure-to-incorporate claims improperly dismissed for lack of
jurisdiction) Herrmann v. Wolf Point School Dist., 1/31:3
ERISA: (assurance of
notice of Plan amendment precludes dismissal)
Keller v. Qwest
Communications International, 5/1:5; (wrongful failure to pay benefits
by requirement to waive "made-whole'' rule)
Martinson v. Eighth
District Electrical Benefits Fund, 10/2:6
FMLA:
O'Leary v.
Butte-Silver Bow Local Government, 4/3:4
Wage claim:
McConkey
v. Flathead Electric Co-op, 4/10:4; (federal suit barred by res judicata of DLI proceeding, class action cannot proceed without some other
plaintiff) Reed v. Livingston Auto Center, 6/19:5; (chef not exempt
from FLSA, proper standard of review, wage calculation, penalty)
Key
West v. Winkler, 7/17:3
Environment
Constitutional tort:
(right to clean & healthful environment, certified questions)
Superior
v. Asarco, 11/6:1
Oil/gas leases,
pipeline: (oil/gas leases, pipeline right-of-way not supported under NEPA,
ESA, NHPA; laches, mootness, statute of limitations claims denied, tribal
member standing under NHPA, preliminary injunction against
surface-disturbing activity on leases, operation (not removal) of
pipeline) MWA v. BLM, 4/17:5
Streambed Act:
(arbitration panel properly determined and exercised jurisdiction in
streambed v. lakeshore dispute) Paulson v. Flathead Conservation Dist.,
5/29:1
Evidence,
Civil
Hearsay: (Canadian
medical evidence not admissible for truth of matters asserted)
Pannoni
v. Browning School Dist. 9, 5/22:1
MUTCD:
Faulconbridge
v. State, 5/1:3
Other accident:
Faulconbridge
v. State, 5/1:3
Spoliation:
(Plaintiffs responsible for spoliation by insurer's fire expert, adverse
instruction rather than dismissal proper sanction)
Omega II v. Gehr
Industries, 2/14:4
Taped conversation:
(excluded) McCormick v. Brevig, 7/24:1
Website downloads:
Freedom
from Religion Foundation v. Montana Office of Rural Health, 11/6:5
Witnesses:
(exclusion from courtroom) Faulconbridge v. State, 5/1:3
Evidence,
Criminal
Experts:
(psychologist testimony limited) Slavin, 4/3:2; (seizure of
evidence with and without warrants, Daubert hearing not required
for forensic veterinary testimony, circumstantial evidence instruction)
Bowman,
5/15:2; (review of expert issues precluded by failure to object)
Olsen,
6/26:3; (psychiatrist's opinion as to ability to know right from wrong did
not go to ultimate issue of mental state, mistrial properly denied, social
worker properly allowed to testify about cult behaviors)
Sandrock,
7/31:1
Hearsay: (business
records exception) Struble, 5/1:3; (prior consistent statements)
Teters,
5/29:3
Other crimes/acts:
(wife's Just-challenged testimony that Defendant was abusive not
related to charge of raping stepdaughter)
Teters, 5/29:3;
Bar-Jonah,
12/11:3
Reporter shield law:
Slavin, 4/3:2
Statements at scene:
(relevant to elements of assault with weapon, admissible under transaction
rule, evidence of then-existing mental state)
Brasda, 1/10:3
Subsequent acts: Sioux,
4/24:6
Transaction rule:
(admission to meth use the night before search admissible under
transaction rule) Lozon, 2/28:3;
Flowers, 3/6:4
Family
Law
Attorney fees: (no
error in disregarding wife's request for attorney fees)
Herrera,
3/6:3; (reasonableness) Mease, 3/20:2; (denied)
Swanson,
5/15:2; Ott, 8/28:2
Contempt: (ancillary
orders, "blatant abuse of discretion'')
Hammermeister, 3/20:3
Custody:
(Pennsylvania court had jurisdiction under PKPA)
ABAM, 8/21:3;
(parenting plan modification, GAL authority, GAL should have been required
to testify, but error harmless) Jacobsen, 10/9:2; (conflicting
custody determinations by Montana and American Samoa properly resolved in
favor of Montana under PKPA) Paslov v. Cox, 11/20:3; (jurisdiction
improperly based on UCCJA "interest of child'' rather than UCCJEA factors)
NGH, 12/18:6
Default: (not set
aside) Shannon, 2/14:2
Enforcement of
decree: (not time-barred after 11 years)
Weber, 8/14:1
Guardianship:
(District Court had subject jurisdiction regardless of any lack of notice
to purported fathers, mother had no standing to challenge proceeding on
behalf of fathers) BF, 6/5:2
Health insurance:
(husband barred by res judicata from raising COBRA issue in relation to
duration of obligation to provide health insurance)
Kolczak, 9/18:1
Jurisdiction:
(jurisdiction precluded by husband's failure to issue & serve summons
& petition despite wife's pre-petition settlement agreement and
consent to judgment) Zacher, 9/18:1
Maintenance:
Shirilla,
2/14:1; Grende, 2/28:2; (temporary maintenance/ support properly
allocated, ongoing maintenance denied)
Killpack, 3/20:2;
(settlement agreement, withholding, "gross disposable income'')
Mease,
3/20:2; (awarded) Swanson, 5/15:2; (judgment renewal, each payment
separate for statute of limitations)
Fulton, 9/4:3; (property award
on remand intended as supplemental maintenance, properly awarded, fault
not interjected) Rolf, 10/9:3
Parental rights:
(emergency protective services, parents properly "interviewed'' when baby
was seized at birth in extraordinary circumstances)
BBW, 1/10:3;
(parents entitled to effective assistance at termination hearing,
standards outlined, attorney did not provide effective assistance, but
mother not prejudiced) AS, 6/19:2
Prenuptial: (not
voluntary by Russian bride) Shirilla, 2/14:1
Property:
(immigration legal fees) Shirilla, 2/14:1; (tax consequences
improperly considered for future sale of retirement accounts, insurance
settlement for burned house accommodated wife's contribution to
pre-marital property) Haberkern, 2/21:1; (non-monetary ranch
contributions, cash as part of personal property distribution)
Grende,
2/28:2; (house built partly with pre-acquired/ gifted assets improperly
divided equally without regard to parties' contributions, retirement
account/truck acquired by gifted monies improperly included in estate,
inherited cabin/lot acquired with inherited funds properly excluded from
estate) Herrera, 3/6:3; (oral settlement agreement did not mature
into enforceable written agreement, no review of open court stipulations
without transcript, marital relocation expenses not included in estate)
Killpack,
3/20:2; (property claim barred by judicial estoppel of title manipulation
to prevent support levy) Cowan, 3/27:3; (present value/time rule
improperly combined in distributing pension plans)
Swanson, 5/15:2;
Ott, 8/28:2; (valuation methods for building improperly combined,
gem business properly valued, husband not given enough time to pay)
Baide,
10/2:4; (division of horses, investment account affirmed despite mistaken
characterization of exhibit as distribution agreement)
Gentry,
11/6:3; (preacquired house improperly split without regard to husband's
contribution, wife's secretive transfer to children should have no effect
on distribution, no jurisdiction over non-party children to impose
constructive trust on their property)
Foster, 11/27:2; (wife's
father gifted to her labor/materials in construction of home, but
valuation of that gift requires reassessment)
Horton, 12/18:5;
(business property properly valued at time of marriage)
Helzer,
12/25:4
Protective order:
(permanent order improperly granted without hearing)
Coogler,
5/22:2; (improperly summarily dismissed)
KDR-M v. REM, 10/23:3
Support:
(educational trust improperly extended past majority, no support
computation not error) Haberkern, 2/21:1; (Judge had authority to
modify support arrears by allowing payments under estoppel exception
pursuant to parties' agreement, but not to defer past due medicals,
contempt properly denied, interest due on past support, business account
improperly exempted from execution, no award of fees where each party
failed to prevail on issues) Winters, 4/10:2; (hearing into support
modification properly denied as non-disclosure sanction)
Stewart v.
Rogers, 6/5:1; (sustainable/imputed income for support improperly
determined) Helzer, 12/25:4
Federal
Government
FOIA: (FBI given
limited stay of deadline for responding, not as long as requested)
Hendricks
v. DOJ, 7/17:6
Forest Service:
(Court has jurisdiction to consider public comment outsourcing challenge,
but employee entity lacks standing)
Forest Service Employees for
Environmental Ethics v. FS, 11/20:7
Military Order of
the Purple Heart: (no personal jurisdiction, claim, in challenge of
election procedures) LaFountain v. Phillips, 6/5:4
Quiet Title Act: (FS
trailhead easement challenge time-barred)
Kootenai Canyon Ranch v. FS,
10/16:3
Guardianship
Co-guardianship:
(District Court had subject jurisdiction regardless of any lack of notice
to purported fathers, mother had no standing to challenge proceeding on
behalf of fathers) BF, 6/5:2; (DPHHS properly appointed co-guardian
with unqualified father of incapacitated son over agency's objection)
DA
Jr., 11/6:3
Revocable qualified
gift: Gilroy, 10/2:2
Indians
Housing: (suit
seeking damages and claims for repair/replacement of homes not viable
under statutes, contract, tort, sovereign immunity)
Marceau v.
Blackfeet Housing, 1/24:3
Jurisdiction:
(student truck driver's negligence/spoliation claims against Salish
Kootenai College derived from Montana tort law, not contract, no Montana
exception, no tribal court jurisdiction)
Smith v. Salish Kootenai
College, 8/21:5
Trust obligation:
(judicial review jurisdiction, mine permitting/reclamation)
Gros Ventre
Tribe v. BLM, 11/6:6
Insurance
Advance pay:
(difference between $16,111 MVA advance pay and $17,553 verdict plus "ongoing
expenses'' & interest, $27,750 fees for declaratory action)
Renville
v. Farmers Ins. Exchange, 12/25:1
Bad faith: (work
comp bad faith accrues when insurer ordered to pay for denied benefit with
disability extent/duration unresolved)
O'Connor v. National Union Fire
Ins. of Pittsburgh, 3/27:2; (insurer limited to pre-denial evidence to
support reasonable-basis defense to bad faith claims, courtroom to be open
during presentation of COLOSSUS demo deposition, but transcript to be
sealed, expert opinion limitation left for trial)
Simonsen v. Allstate
Ins., 4/3:4; (bad faith claims not precluded by underlying defense
verdict) Graf v. Continental Western Ins., 4/24:1; (insurer had
reasonable basis to forestall excess med-pay pending written confirmation
of primary payment, UTPA claim rejected)
Menish-Geryk v. State Farm
Mutual Auto Ins., 5/15:3; (assigned first-party UTPA claim
time-barred, third-party common law bad faith claim time-barred, fact
issues preclude summary judgment as to whether claims handling was
unreasonable, UTPA applies to third-party bad faith claim, not
unconstitutional) Burton v. State Farm Mutual Auto Ins., 7/10:4;
(declaratory/summary judgments that liability for collision underlying bad
faith suit was reasonably clear when claim was denied)
Mack v. Farmers
Ins. Exchange, 9/18:4
Coverage: (policy
did not exclude coverage where one is injured in MVA and another becomes
liable by a breach of contract, insurer had duty to defend, unjustifiably
denied coverage, no res judicata/collateral estoppel) Lee v. USAA
Casualty Ins., 3/13:1; (emotional injury by observer at auto driver's
suicide not "bodily injury'' as defined by policy, no entitlement to
UIM/med-pay) Jacobsen v. Farmers Union Mutual Ins., 3/27:1;
(alleged daycare death from Benadryl overdose only single "occurrence,''
no doubling under Aggregate Limits provision)
Heggem v. Capitol
Indemnity, 3/27:4; (claim to recover payments for inadequately
installed plumbing/heating system not covered "property damage'' under CGL
policy, work not completed under PCOH policy)
Generali - US Branch v.
Alexander (Pioneer Plumbing & Heating), 4/10:1; (UIM not included
with UM) Lander v. AMCO, 4/10:3; (coverage precluded by failure to
give notice that driver was resident operator)
Shaw v. Allstate Ins.,
4/10:4; (insurer owed horse custodian duty to defend in horse/auto
accident under purported horse owner's policy, insurer and Judge
improperly went beyond pleadings to resolve ownership dispute, insurer
estopped from denying coverage, no fraud by "conflicting'' confession of
judgment) Staples v. Farmers Union Mutual Ins., 5/1:1; (auto
accident coverage under electrician's policy precluded by "business use,''
"regular use'' exclusions) Davis v. Great Northwest Ins., 6/26:4;
(no UIM coverage/stacking for employee on employer's policies for vehicles
in which he was not an occupant, "relative'' not ambiguous as applied to
employer or company) Crawford v. State Farm Mutual Auto Ins.,
9/25:4; (UM/UIM definition unambiguously excludes individuals not in
covered corporate autos, but med-pay definition implicitly recognizes "you''
as an individual, ambiguity construed in favor of coverage for pedestrian
shareholder of family corporation)
Hanson v. Employers Mutual Casualty,
10/2:5; (auto policy precludes stacking and requires tortfeasor offset
under Ohio law, death vehicle not listed in farmowners policy)
Madroo
(PR of Hardy) v. Nationwide Mutual Fire Ins., 10/16:3; (emotional
distress not covered "bodily injury'')
Scharf v. First National Ins.
Co. of America (Safeco), 10/23:5; (injured passenger not resident of
mother's household, not covered under her auto policy)
Lee v. Hartford
Underwriters Ins., 11/20:6
Disability:
(judgment as matter of law properly denied on claim that insurer breached
duty to agent as to Forman defense, $1 million punitives improperly
reduced to $375,000, reinstated, new trial following $1,150,000 verdict
denied) Deonier & Associates v. Paul Revere Life Ins., 10/30:1
Real party: ("real
party in interest'' rule applied in subrogation action against alleged
fire tortfeasor where insureds have ratified)
Pacific Indemnity v.
Johnson, 3/13:4
Stacking: (Hardy
retroactivity certified question by Haddon accepted)
Dempsey v.
Allstate Ins., 2/7:3
Title insurance:
(non-record easement exclusion claims rejected)
Thomas v. Jett,
1/3:4
UIM: (carrier stands
in shoes of tortfeasor) Haman v. MACo Ins., 3/6:3; (wrongful
death/survivorship claims tried following unsuccessful attempt to settle
under UM class action stipulated judgment and finding by Judge McNeil that
parents are "injured'' class members and decedent was class member)
Hern
v. Safeco Ins. Co. of Ill., 6/19:4
Intellectual
Property
Statute of
limitations: (copyright damages permitted outside 3-year window if
infringement not discovered before limitation period, first impression,
Plaintiff timely sued, 3-year tort statute applicable to state trademark
infringement, not 2-year fraud statute)
Polar Bear Productions v.
Timex, 9/11:4
Irrigation
District
Exclusion: (district
not denied due process in exclusion proceeding, no authority to order
reimbursement of taxes paid without protest)
RSG Holdings v. Missoula
Irrigation Dist., 8/21:1
Local
Government
Annexation:
(procedures to invalidate protests based on waiver agreements and Utility
Rule proper, property owners retained right to judicial review even though
they failed to stop annexation under §7-2-4710, City's plan conforms with
statutes) Gregg v. Whitefish, 10/2:3
County road:
(properly established, not abandoned in quiet title action, trespass
action rejected) Lee v. Mussellshell Co., 3/20:1
Liability: (city
council members immune from §1983/state law claims in individual
capacities, official capacity claims redundant)
Germann v. Stephens,
9/11:3
Police discharge:
(probationary officer subject to discharge at mayor's discretion under
police statute, not WDA) Ritchie v. Ennis, 3/6:2
Zoning: (substantial
compliance in enacting regulations excluding modular/manufactured homes,
but "on-site construction'' regulation violated due process/equal
protection, damages properly awarded)
Yurczyk v. Yellowstone Co.,
1/17:1
Mental
Commitment
Counsel: (counsel
not ineffective in failing to secure continuance to locate expert
regarding ability of mentally ill homeless to care for themselves, no good
cause for seeking private counsel mid-trial)
TM, 8/21:2
Right to attend
trial: (Respondent properly allowed to remain in courtroom despite
outbursts) TM, 8/21:2
Oil/Gas
Right of way:
(exploration of federal oil/gas lease not a "mine'' which constitutes "public
use'' under §70-30-102(33)), McCabe Petroleum v. N Bar Ranch,
4/3:1
Partnerships
Dissolution:
(partnership should be dissolved rather than buy-out of dissenting
partner's interest, valuation of partnership interest, dissenting partner
properly charged share of partnership's defense fees, estopped from
complaining about formation of partnership formed to qualify for FSA
benefits) Pankratz Farms v. Marvin Pankratz, 7/17:2; (partnership
should be liquidated and distributed rather than buy-out, presumption of
separate property) McCormick v. Brevig, 7/24:1
Probate
Conversion: (5-year
statute begins to run from date of personal property conversion where it
occurs after letters have been issued)
Estate of Taylor v.
ChevronTexaco, 5/15:4
Elective share:
(waived by wife in connection with husband's will, challenge time-barred)
Golie,
12/11:6
Estate value
misrepresentation: (equitable estoppel)
Stukey, 10/16:1
Fees: (fees properly
awarded for Montana work where some issues resolved in SD House upkeep
expenses: (expenses for house upkeep properly treated as advance against
heir's share, first impression) McMurchie, 4/24:2
Personal services
claim: (barred by lack of writing)
Braaten, 8/21:1
Will: (testator's
intent that "cash'' is tangible personal property, limited to
currency/coin found in house, PR properly not removed)
Hanson v. Estate
of Bjerke, 8/7:1
Property
Abandonment: (intent
to abandon dental equipment) Milanovich v. Dwyer, 4/17:1
Boundaries: (no
negligent misrepresentation) Zapel v. Parker, 6/5:1
Covenant of seisin:
(no breach as to road) Zapel v. Parker, 6/5:1
Covenants: (jury
properly instructed on unrecorded instruments, Plaintiff properly
recovered money damages from subdivider for diminution in value for
failure to record covenant against commercial use, and also injunction
against commercial use) Rice v. Lanning, 9/4:2; (covenants allow
for manufactured home as permanent residential home)
Grassy Mountain
Ranch Owners' Association v. Gagnon, 9/18:1; (homeowners association
membership not compulsory under original covenants, non-members not
required to pay assessments, no provision for amendment)
Bordas v.
Virginia City Ranches Association, 12/11:1
Deficiency judgment:
(properly awarded following private sale)
Hillabrand v. McDougal
Botanical Trust, 5/1:2
Easement:
(prescriptive, road not used openly/notoriously as to actual "owner'' of
property converted from joint tenancy to fee, eaves encroach, but removal
of house not warranted) Gelderloos v. Duke, 4/17:1; (improper to
look beyond face of 1983 decree in determining that easement was limited
to agriculture/grazing) Harland v. Anderson Ranch, 5/29:1; (fact
issues preclude summary judgment as to whether road is county road by
public prescriptive easement) Brown v. Sanders Co., 6/26:1;
(prescriptive) Harding v. Savoy, 10/23:1; (prescriptive)
Powell
Co. v. Rockin' MS Angus Ranch, 12/4:3
Forcible detainer:
(river moved by avulsion, not accretion)
Harding v. Savoy, 10/23:1
Public road:
(established) Powell Co. v. Rockin' MS Angus Ranch, 12/4:3
Tenancy partition:
(intent of unmarried couple properly considered, real estate proceeds
properly divided equally, but improperly adjusted with undisputed prior
settlements and rent from tenant in possession)
Flood v. Kalinyaprak,
2/7:4; (judge failed to notify county of 160-acre division)
Myers v.
Dee, 7/17:4
Tax deed: (quiet
title decree properly voided past 3-year statute for failure to give
notice to known current occupant)
Gentry Montana Enterprises v.
McDonald, 12/4:1
Railroads
FELA: (statute of
limitations, back injury occurrence/manifestation)
Gallo v. BNSF,
6/26:5; (railroad negligent per se for "track warrant'' violation
resulting in train/hy-rail death, contributory negligence of decedent
improperly allowed, $484,898 judgment on 50/50 verdict restored to full
$969,797) Woods v. BNSF, 11/27:1
Negligent
mismanagement: (no independent cause for negligent mismanagement under MCA
39-2-703, 1909 case) Henriksen v. MRL, 5/8:5; (§39-2-703 provides
cause of action for mismanagement, but claim time-barred)
Haux v. MRL,
8/28:1
Schools
Arbitration: (CBA
requirement of mutual consent for arbitration violative of statutory
election provision) Belgrade Education Association v. Belgrade School
Dist., 11/20:3
Public school
funding: (system inadequate, Legislature not in position to construct
adequate system until it defines "quality'' school, system fails to
recognize Indian culture, expedited summary conclusions)
Columbia Falls
Elementary School Dist. v. State, 11/13:1
Sports: (exclusion
of unaccredited religious school from MHSA not violative of free exercise
clause) Valley Christian School v. MHSA, 2/28:1
Teacher nonrenewal:
(no legal right to contest nontenured teacher non-renewal, no appeal to
County Supt.) Roos v. Kircher Public School Board, 3/13:2
Settlements
Auto: (rear-end,
cervical strain) Nedrud v. Mangum, 4/24:4; (icy interstate)
Claim
of Nyquist, 5/15:6; (street sweeper, death, head/eye/fractured
wrist/head laceration) Nielsen v. State, 11/20:6
Darby Lumber
closure: (ERISA, insurance coverage/bad faith, WARN Act, bankruptcy,
attorney fee claims) Behling v. Russell, 7/31:4,
8/7:5
Developmentally
disabled accommodations: (reasonable community accommodations, class
action settlement approved) Travis D v. Eastmont Human Services Center,
7/31:5
Discrimination:
(sex, pregnancy, retaliation, BIA correctional officer)
Rides Horse v.
Interior Dept., 10/30:6
Fairgrounds car
show: (catastrophic head) Parsons v. Great Falls, 1/31:5,
(correction) 2/7:6,
11/27:4
FELA: (back)
BNSF
v. Judd (Judd's Services), 5/22:5
FSA fraud: (qui tam)
US ex rel Schumacher v. Stephens, 7/17:7; (head-on trains, spine,
mid-trial) Cabalo v. BNSF, 12/18:8
House
defects/insurance bad faith: Simmons v. Derek Brown Const., 10/23:5
Insurance bad faith:
(voluntary dismissal of bad faith claim against insurer whose doctor
initially refused to consent to settlement of breast cancer malpractice
claim) Czak v. The Doctors' Company, 5/22:3
Insurance stacking:
Evenson
v. SAFECO, 6/12:5
Medical malpractice:
(stillbirths) Peterson v. The Doctors' Company, 7/3:3
Paramedic
negligence: (esophageal intubation, traumatic brain, hypoxic injury,
subsequent death) Warner v. GMC, 12/11:7
Police/jail
negligence: (untreated intoxicated detainee, brain)
Farinas v. Havre,
7/3:5
Seat belt failure:
(esophageal intubation, traumatic brain, hypoxic injury, subsequent death)
Warner v. GMC, 12/11:7
Strip search: (jail
inmates) newspaper report, 11/27:8
Toxic
tort/environmental contamination: (medical monitoring, fear of future
disease, property devaluation, punitives, cost of cleanup following
solvent contamination and Superfund designation)
Weiss v. Brentag,
6/5:5
Wrongful
discharge/defamation: (cashier) Lindquist v. Wal-Mart Stores,
6/26:5
Social
Security
Disability:
(employers would not tolerate excessive absences from Claimant's MS,
credibility questions not supported)
Garber v. SSA, 11/27:7
State
Government
Driver's license: (MVD
properly denied application of Montanan with Michigan
suspensions/revocations) Chain v. MVD, 8/21:2
Legislature: (may
not assign "holdover'' senators contrary to Districting Commission's plan)
Wheat v. Brown, 2/21:1
Medicaid: (rule
properly interpreted as precluding reimbursement of "shipping'' (v. "delivery'')
costs for diapers) Juro's United Drug v. DPHHS, 5/22:2; (doctors
not precluded from charging non-Medicaid patients usual/customary charge)
Centron
Services v. Perucca, 10/2:4
MPERS: (former
public defender in participating county entitled to purchase service
credits under 1979 law) Matter of Lewis, 6/26:1
School lands: (no
justiciable controversy in request for declaratory judgment as to repealed
$1 leasing statute) Advocates for Education v. DNRC, 8/28:2
Unemployment
insurance: (disputed evidence irrelevant to suspension of dispatcher)
Wiman
v. BOLA, 8/21:2
Taxes
Property: (1996 base
year reappraisal issue not preserved for judicial review, equal taxation
claim rejected, no sanctions against DOR)
Ostergren (BFI Waste Systems)
v. DOR, 2/21:1
State income:
(federal self-employment taxes properly non-deductible from state income
taxes) Baitis v. DOR, 2/7:4
Torts
§1983: ("class of
one'' not recognized at time of discharge, §1983 defendant entitled to
qualified immunity) Losleben v. Capp, 2/7:4; (failure to promote)
O'Leary
v. Butte-Silver Bow Local Government, 4/3:4
Blacklisting:
O'Leary
v. Butte-Silver Bow Local Government, 4/3:4
Consortium:
(consortium claim by parent of adult child may be possible in
extraordinary relationship) Renville v. Frederickson, 9/4:1;
(consortium claim by parent of adult child rejected on grounds that only
PR may bring wrongful death claims, replacement opinion)
Renville v.
Frederickson, 11/20:1
Defamation:
O'Leary
v. Butte-Silver Bow Local Government, 4/3:4;
McConkey v. Flathead
Electric Co-op, 4/10:4
Employer liability:
(company not vicariously liable for sexual assault by majority shareholder
on premises) Baldwin v. Denning, 9/25:7
FTCA: (slip &
fall plaintiff's motion to dismiss postal cleaning contractor granted over
objection of previously dismissed US)
Johnson v. US, 5/8:5
House defects:
(fraud/negligent misrepresentation claims can be premised on claims of "active
concealment'' of latent/hidden defects in foundation, no colorable claim
for breach of implied covenant pre-contract formation... Plaintiffs must
elect between fraud/negligent misrepresentation and rescission)
Zohimsky
v. Larson, 9/25:5
Infliction of
emotional distress: McConkey v. Flathead Electric Co-op, 4/10:4
Negligence:
(collapsed concert chair claims rejected, no foreseeability, duty, res
ipsa) Bonilla v. UM, 1/24:2; (State had duty to prevent children
from falling through balusters at university library, bifurcation of
liability and damages, as well as damages of mother and young son proper,
State entitled to medical/mental records to determine whether mother's
condition attributable to preexisting cause, financial documents, school
transcript, personnel records not relevant, child properly protected from
testifying about mother's condition, IME improperly denied after
Plaintiff's late disclosure of PTSD diagnosis, expert improperly excluded
as discovery sanction, prior counseling records, evidence of other
stressors properly excluded, evidence of psychological damages from
learning of prior fall may be admissible, incorrect instruction regarding
emotional distress, correct instruction regarding course of life, both
claims separate & distinct, Sacco clarified, "happy'' child
video properly excluded, juror cause challenges properly denied, $208,800
verdict reversed, remanded for new trial on damages)
Henricksen v.
State, 2/7:3; (car wash with water running onto road, no causation
proof as to wet v. dry road on severity of MVA or injuries)
Mercurio v.
Smurfit-Stone Container, 3/20:5; (tennis court defects)
Glacier
Tennis Club at the Summit v. Treweek Const., 3/27:2; (jury improperly
instructed as to reasonable care in wildfire case)
Dale v. Three Rivers
Telephone Cooperative, 4/3:1; (Sheriff breached duty, under common law
or domestic abuse statutes to protect wife from abusive husband who
subsequently killed her, JNOV vacating $358,000 verdict reversed)
Massee
v. Thompson, 5/8:1; (verdict of no negligence by DD group home
operator in assault of Easter Seals employee by resident affirmed)
Papich
v. Quality Life Concepts, 5/8:1; (school owed duty to hazed student on
bus, but no link to diabetes/PTSD)
Hinkle v. Shepherd School Dist. 37,
7/10:1; (comparative fault certified question declined due to lack of
facts) Groves v. Greyhound Lines, 7/10:2; (clinic had no duty to
report diabetic subsequently involved in fatal accident, State had no duty
to restrict driver based on prior accident)
Sikorski et al v. Johnson
et al, 7/24:4; (public duty doctrine applicable to city building
inspections) Rieger v. Hirsch, 8/28:3; (jury properly instructed
not to apportion negligence between defendants in runaway tractor death, "sympathetic
light'' testimony, sufficient evidence for defense verdict,... "sudden
emergency'' not preserved for appeal)
Payne (for Naumer) v. Knutson,
10/2:1; (State had legal duty to warn Libby vermiculite miners of asbestos
dangers, whether duty was breached and caused damages for fact-finder,
elements of causes accrued after 1972 sovereign immunity abrogation (first
impression)) Orr v. State, 12/18:1
Negligent
infliction: (insufficient evidence of emotional distress for negligent
infliction claim by mother in death of adult son)
Renville v.
Frederickson, 9/4:1, 11/20:1; (injured worker under control of
employer, not customer) Hanson v. Recht, 11/27:7
Nuisance: (car wash
with water running onto road) Mercurio v. Smurfit-Stone Container,
3/20:5
Product liability:
(affirmative defenses of assumption of risk and misuse of extension cord
that allegedly caused fire) Omega II v. Gehr Industries, 2/14:5;
(chain, pretrial rulings) Schlecht v. American Power Pull, 10/16:4
Recreational
immunity: (city park sled hill included in §70-16-302, sledding accident
not due to wanton/willful misconduct, bill enactment challenge barred by
failure to notify AG/Court) Weinert v. Great Falls, 7/3:1;
(Recreational use Statute bars negligence claims in step through hole in
city dock, but fact issues preclude summary judgment as to whether failure
to timely repair/warn constituted willful/wanton misconduct)
Jobe v.
Polson, 7/17:1
Safe workplace: (OSHA
standards precluded from carpenter's claims against "contractor'' stemming
from injury where house owner had control over safety)
Grover v.
Cornerstone Const. NW, 6/12:3; (Safety Act, although farm could not be
"place of employment'' of truck driver injured while helping load hay,
fact issues preclude summary judgment as to general safety duty)
Peyatt
v. Moore Enterprises, 12/11:1
Trespass/nuisance:
(Defendants properly enjoined from discharging waste water onto neighbors'
property, irrigation practices caused erosion, injunction properly
tailored) King v. Ratliff, 7/24:2
Unjust enrichment:
(no factual support for claim of unjust enrichment in excess
exposure of truck ads) Interstate Media v. Carsdirect.com, 8/14:3
Wrongful discharge:
(no compensable loss for paralegal unemployable due to medical conditions)
Heydon v. Anderson Law Office, 2/14:3; (claim time-barred even with
utilization of "if something goes wrong'' grievance procedure, affidavit
as to "failure to recall'' contradicts facts in complaint)
Owen v.
Cenex, 2/28:4; (probationary police officer subject to discharge at
mayor's discretion under police statute, not WDA, interaction of §§
904(1), (2), and (3), Town not entitled to attorney fees because it did
not offer to arbitrate, no reciprocity based on officer's offer)
Ritchie
v. Ennis, 3/6:2; O'Leary v. Butte-Silver Bow Local Government,
4/3:4; (Co-op GM) McConkey v. Flathead Electric Co-op, 4/10:4;
(probationary employee covered by CBA, not WDA, no recovery under
negligent hiring theory) Stafford v. DOC, 4/24:3; (1-year statute
runs from date employee stops earning compensation/benefits, not date of
notice) Cheetum v. OneWest, 5/1:5; (summary judgment dismissal of
contract (implied covenant, "at will'' termination clause) claims proper,
fact issues as to intent to substitute insurance agency corporation for
individual manager preclude summary judgment on WDA claim)
Tvedt v.
Farmers Ins. Group, 5/15:1; (constructive discharge based on sexual
harassment dismissed for failure to bring under MHRA, amendment denied)
Hedrick
v. Loaf 'n Jug/Mini Mart, 6/5:4; (Montana WDA applies over Indiana
at-will employment law pursuant to implied Montana choice of law, Montana
residency, Montana has jurisdiction)
Burchett v. MasTec North America,
7/10:2; (suit barred by failure to initiate/exhaust grievance procedures)
Turner
v. Kalispell Regional Medical Center, 7/10:4; (farm
partner/shareholder) Pankratz Farms v. Marvin Pankratz, 7/17:2; ("at-will''
defense rejected, sanctions for refusing to admit otherwise)
Ivers v.
Don K Chevrolet, 8/7:5; (airline employee's challenge of drug test
preempted by TETA, positive results grounds for discharge under WDA)
Baker
v. Delta Air Lines, 9/25:6; (summary judgment precluded by fact issues
as to compliance with personnel policies/good cause)
Arnold v.
Yellowstone Mountain Club, 10/23:2; (failure to reach sales quota for
legal publisher good cause for discharge despite past successes)
Sternad
v. West Publishing, 10/23:6
Verdicts
Assault: (DD, group
home liability) Papich v. Quality Life Concepts, 5/8:1; (DD, Sherner,
frozen shoulder syndrome) Poythress v. Quality Life Concepts,
11/13:3
Auto: (horse not
substantial cause of high-speed rear-end auto collision, multiple
injuries) Leach v. Demaree, 1/31:4; (icy rear-end auto-semi,
admitted liability, fibromyalgia/chronic pain/herniated disks/myofascial)
Kelly
v. Cobban, 2/14:3; (admitted liability, neck/
back/jaw/face/terror/nightmares/driving anxiety)
Welch v. Estate of
Johnson, 3/13:4; (head-on, rotator cuff)
Lenhard v. Erhardt,
4/3:3; (parking space pullout, ruptured disk, Plaintiff's motion for new
trial granted on damages, denied on contributory negligence)
Morris v.
Bolton, 4/17:4; (wrongful death/survivorship claims following
unsuccessful attempt to settle under UM class action stipulated judgment
and finding by Judge McNeil that parents are "injured'' class members and
decedent was class member) Hern v. Safeco Ins. Co. of Ill., 6/19:4;
(pinch, admitted negligence, legs/knees/chronic pain)
Castillo v.
Estate of Shaffer, 8/14:2; (rear-end, herniated cervical disk,
pain/depression, admitted negligence)
Peoples v. Keller, 12/18:7
Auto/pedestrian:
(admitted liability, knees/pelvis/shoulder)
Debock v. Krzyzanowski,
1/31:4
Banking: (settlement
found between bank and borrower) Stockman Bank of Montana v. Potts,
5/1:4
Bar assault: (broken
rib/soft-tissue shoulder/ contusions/abrasions/emotional distress)
Erdall
v. Singleton, 3/6:5
Business sale:
(partnership/fraud/negligent misrepresentation, food grain products
business sale, corporate veil pierced)
Circle S Seeds of Montana v.
T&M Transporting, 8/28:5
Cattle contract:
(specialty cattle) Laura's Lean Beef v. Brewer, 11/20:5
Cattle trespass:
Wesland
v. Winderl, 5/29:3
Cell phone towers
construction: DuBray Land Services v. Mesa Communications Group,
9/18:6
Construction
concrete: Williams Bros. Const. v. Havre Ready-Mix, 10/2:4
Contract/trade
secrets: (high-speed food-grade lubricants)
American Eagle Technologies
v. Lindman, 2/28:6
Dental malpractice:
McMahan
v. Longfellow, 5/15:5
Disability: (cancer,
employment, RN) Promisco v. Bozeman Deaconess Health Services,
8/28:5
Discrimination:
(age/race/retaliation, Indian bank management trainee)
Pretty On Top v.
First Interstate Bank, 11/6:8
Dram shop: (also
premises liability, fall while trying to avoid intoxicated bar patron,
shoulder) Esquibel v. COE Corp. (Joker's Wild Bar, Restaurant &
Casino, 2/7:5
FELA
indemnification: (railroad not entitled to indemnification from vegetation
control contractor for $485,000 FELA settlement)
BNSF v. Judd (Judd's
Services), 5/22:5
FMLA: (log home
salesman, liquidated damages) Erickson v. Neville Log Homes (aka
Nevilog), 10/23:7
Gasoline
contamination: Sunburst School Dist. v. Texaco, 8/28:4
Golf
cart/pedestrian: (DVT, CRPS) Sipes v. Boughton, 10/23:5
Guest ranch horse
injury: (distal third finger amputation)
McDermott v. Carie LLC (Horse
Prairie Ranch), 8/14:3
Health insurance
termination: (retired school superintendent)
McCracken v. Lockwood
School Dist. 26, 5/15:5
Herbicide/pesticide/insecticide
exposures: (directed verdict, inadequate expert disclosure)
Nelson v.
Nelson, 3/20:5
Insurance agent:
(breach of duty to agent as to Forman defense),
Deonier &
Associates v. Paul Revere Life Ins., 10/30:1, (interest)
12/4:1
Insurance bad faith:
Peterson v. The Doctors' Company, 7/3:3;
Balich v. Metropolitan
Property & Casualty Ins., 7/3:5
Insurance
subrogation: (residence damage from fire in adjacent apartment building)
State
Farm Ins. v. McDil & Associates, 7/24:4
Intellectual
property: (copyright damages permitted outside 3-year window if
infringement not discovered before limitation period (first impression),
Plaintiff timely sued, actual damages part of $315,000 award affirmed,
remanded for remission of $200,000 "pie-in-sky'' lost profits part,
indirect profits award supported in part, not as to brand premium, entire
$2.1 million award vacated, prejudgment interest allowed under 1976
Copyright Act, attorney fee claim untimely, 3-year tort statute applicable
to state trademark infringement, not 2-year fraud statute)
Polar Bear
Productions v. Timex, 9/11:4
Legal malpractice:
Anderson
v. Brown, 1/3:5; (company sale representation)
Byers v. Cummings,
3/27:1
Liquor liability:
(neck facet break) Jewart v. Hougen (Lucky Cuss Casino), 12/18:8
Medical malpractice:
(ER restraints/medication/HIV test following seizure)
Howard v. St.
James Community Hospital, 3/6:5; (ORIF clavicle surgery, brachial
plexopathy) Cunningham v. Sobba, 11/6:7
Motorcycle/underpass:
(death) Faulconbridge v. State, 2/21:3,
5/1:3
Police negligence:
(house entry, divorce property dispute)
Russell v. Billings PD,
4/10:6; (Sheriff breached duty, under common law or domestic abuse
statutes to protect wife from abusive husband who subsequently killed her, JNOV vacating $358,000 verdict reversed)
Massee v. Thompson, 5/8:1
Product liability:
(hot tub manufacturing facility fire, extension cord)
Omega II v. Gehr
Industries, 2/14:6; (chain, death)
Schlecht v. American Power Pull,
8/28:6
Ranch easement:
Hansen
v. Weller, 7/24:4
Restaurant booth
table tip: (statute of limitations, soft-tissue back/neck)
Boye v. SE
Service Corp., 3/27:4
Runaway tractor:
(death) Payne (for Naumer) v. Knutson, 10/2:1
Scaffold extension
ladder fall: (fractured ankle/cervical herniation)
Gilchrist v. Cooper
Const., 4/10:5
Sex discrimination:
(male nurse) Rolison v. Bozeman Deaconess Health Services, 4/10:6
Slip/trip &
fall: (restaurant, knee/back) Jones v. Perkins Family Restaurant,
2/7:6; (stairs, ankle fracture)
Edie v. Gray, 3/13:4; (fractured
hip from fall v. fall from fractured hip) Richardson v. State,
6/5:3; (stairs, knee) Mesler v. Olympic Coast Investments, 10/23:5;
(ice/snow, office building, fractured elbow)
Baertsch v. D&C
Properties, 12/11:7
Stock purchase
contract: (defense verdict based on rescission, release,
accord/satisfaction, waiver reversed, remanded for judgment for $64,935
damages finding) Benson v. Diverse Computer, 5/8:2
Stove/chimney fire:
Coleman
Const. v. Kudrna, 8/14:3
Sugar beet crop
loss: (fertilizer recommendation) Robertus v. Town & Country Supply
Association, 3/6:5, (post-verdict rulings)
4/10:5
Tennis court
defects: Glacier Tennis Club at the Summit v. Treweek Const.,
3/27:2
Timber trespass:
Jacobson
v. Asleson, 2/14:4
Tortious
interference with contract: (failed sale of proposed community corrections
facility site) Albright v. State, 7/3:4
Vapors from butter
flavoring at popcorn factory:
wire service report, 3/20:8
Vehicle fire:
Coker
v. Ford Motor Co., 2/21:3
Well chlorination:
(trailer court water system, idiopathic gastric motility disorder)
Burlingham
v. Smith, 5/1:4
Wheelchair-assist
airline passenger: (death following alleged complications from fall)
Summers
(PR of Black) v. Delta Air Lines, 12/25:5
Wildfire:
Pacific
Indemnity v. Johnson, 10/2:7
Wrongful discharge:
(TV salesperson) Bailey v. Beartooth Communications, 5/22:1;
(constructive, MSP employee) Scharf v. State, 11/13:3
Water
Decree enforcement:
(prior rights not re-adjudicated by District Court, determination of flow
rate of side spring merely enforced 1940 decree) Hidden
Hollow Ranch v. Field,
6/19:1
Workers'
Compensation
Accident occurrence:
(failure to prove) Dolan v.
American Protection Ins.,
3/13:5; (failure to prove) Rose
v. State Fund, 10/16:6
Aggravation:
(preexisting knee condition, medical stability, refusal to undergo PT)
Lockwood
v. Liberty Northwest Ins., 3/27:6; (work aggravated degenerative knees
condition, accelerated need for replacement, post-deposition opinions
hearsay, untimely, do not address proximate cause, insurer at time of last
injurious exposure liable even though replacements previously inevitable)
State
Fund v. Murray, 4/10:7, 6/26:6; (work-related injury permanently
aggravated preexisting neck condition, insurer liable for benefits &
medicals) Rice v. Liberty Northwest Ins., 11/13:4; (subsequent nonwork injury permanently aggravated low-back condition, relieving
insurer of liability) Leger v. Liberty Mutual Fire Ins., 11/13:5
Asbestosis (75%
impairment, no additional PPD/PTD for retiree)
Paul v. Transportation,
10/23:8
Attorney fees:
(attorney lien applicable to increase in benefit rate applied
prospectively only to benefits actually paid)
Siaperas v. State Fund,
1/17:5; (global lien in SS offset case clarified)
Flynn v. State Fund,
3/13:6; (DJA) Liberty Mutual Fire Ins. v. Warner, 4/3:5; (Schmill
attorney entitled to common fund fees only with respect to Liberty
claimants who are entitled to Schmill benefits)
Schmill v.
Liberty Northwest Ins., 6/12:6; (Claimant's lawyer not entitled to
common fund fees) Mathews v. Liberty Northwest Ins., 7/17:7,
8/21:8; (common fund, SS auxiliary offset)
Buckley v. State Fund,
7/24:6; (Rausch common fund fees not limited to State Fund... "coattailing''
Ruhd lawyer not entitled to common fund fees)
Ruhd v. Liberty
Northwest Ins., 9/4:1; (Stavenjord retroactive to 6/3/99,
Claimant entitled to common fund fees)
Stavenjord v. State Fund,
9/4:5, 9/25:8;
Beaulieu v. Human Dynamics Corp., 10/2:8; (Lockhart
lien) Rice v. Liberty Northwest Ins., 11/13:4; (fees based on
deviation from standard $75/hr to $140 properly awarded rather than
proposed $225/hr contingency amount, hourly fee requirement
constitutional) Bustell v. AIG Claims Service, 12/25:2
Common fund: (no
privacy expectation for nonparty claimants as to common fund process)
Flynn
v. State Fund, 11/13:4
Course & scope:
(deputy's drinking at drug conference within course & scope, no
deviation by continued drinking after hospitality room closure, still
within course & scope at time of fall resulting in death)
Van Vleet
v. MACO Workers' Compensation Trust, 12/25:2
Causation:
Harris
v. Western Guaranty Fund, 1/10:6;
Pekus v. UEF, 1/17:6;
(herniated disk work-related OD) Mosca v. American Home Assurance,
2/21:5; (detached retina) Dolan v. American Protection Ins.,
3/13:5; (thoracic condition related to accident, treating v. IME doctor)
Anderson
v. Liberty Northwest Ins., 4/24:5; (claim that disabling conditions
were caused by 1996 hepatitis B vaccinations time-barred, conditions not
related to vaccinations) Bain v. Liberty Mutual Fire Ins., 6/5:5; (epicondylitis
caused by 1999 job accident, insurer liable, conflicting medical
testimony) McCauley v. Liberty Northwest Ins., 6/5:6; (allergy
infections/surgeries, mold) Vercos v. WCRRP, 7/3:6; (spider bites)
Peters
v. State Fund, 7/10:6; (kidney stones)
Cuellar v. Vanliner Ins.,
7/31:6; (back condition due to non-work injury/aggravation, insurer
relieved of further liability) Brown v. MCCF, 11/6:8; (heart
condition causally related to asbestosis, insurer liable for medicals,
deference to treating physician)
Doubek v. CNA Ins., 11/20:8
Class action:
(request to amend to add IC exemption class action allegations untimely,
not warranted on merits) Mathews v. Liberty Northwest Ins., 7/17:7,
8/21:8
Contractor
liability: (general contractor's insurer liable for injuries of employee
of uninsured subcontractor with limited registration certificate)
Edmunds
v. Liberty Northwest Ins., 3/6:7
Course & scope:
(late night drinking at conference beyond employer-sanctioned activities,
fall not in course & scope) Van Vleet v. MACo Workers' Compensation
Trust, 3/6:7; (injury while picking up lunches)
Flikkema v. MCCF,
3/20:7; (employee in morning, volunteer in afternoon)
UEF v. Gould (7
Bar Heart Ranch), 12/11:7
Date of injury:
(during time employer uninsured) UEF v. Big Sky Petroleum, 5/8:6
Death: (Claimant's
murder at work by estranged husband did not arise out of her employment,
death benefits denied) Baarson v. State Fund, 8/21:8
Disability: (pain,
PTD) Haupt v. State Fund, 4/3:6
Employee/contractor:
(RN was employee of anesthesiology firm, not contractor)
Billings
Anesthesiology v. ICCU, 1/24:4; (interstate remodeling workers)
RAM
Montana v. ICCU/UEF, 2/28:7; (deceased ranch worker not independent
contractor or casual employee, employed by individual ranch lessee)
Colmore
v. UEF, 3/20:7; (stipulation regarding prospective claims and common
fund fees in IC exemption cases) Wild v. State Fund, 6/19:6; (Mathews
and Wild retroactive) Mathews v. Liberty Northwest Ins.,
7/17:7, 8/21:8
Employer notice: Flikkema
v. MCCF, 3/20:7; Ahearn v. MSGWCRRP, 5/22:6;
Warren v. State
Fund, 11/27:8
Exclusivity: (no Sherner
malice in mine train death) Blain (PR of Everhard) v. Stillwater
Mining, 6/12:1; (not met in injury from truss falling from truck) Olszewski
v. BMC West (Poulsens and Intermountain Truss), 7/17:1; (no intent by
crane service to cause injury, claim by injured ironworker barred by
exclusivity, subcontractor breached duty of care over inherently dangerous
activity, claim not barred by exclusivity) Zenahlik v. Reynolds Const.,
9/25:3; (grocery chain not vicariously liable for alleged assault of store
employee by local managers) Ready v. Smith's Food & Drug Centers,
11/13:3; (no intent/malice in lineman's mid-span fall from ladder) Roy
v. Blackfoot Telephone Co-op, 11/20:2
Fact of injury/OD:
(failure to establish) Harger v. MCCF, 1/10:5; (false claim) Cassidy
v. State Fund, 3/27:5; Ahearn v. MSGWCRRP, 5/22:6
Failure to hire:
(claim against employer, not UEF) McManus v. UEF, 10/2:8
First Report:
(untimely) Scozzari v. MSGIA, 2/28:7
Fraud: (insurer's
acceptance of liability based on misrepresentation of injury date,
entitled to rescind) UEF v. Big Sky Petroleum, 5/8:6
IME: (claimant not
entitled to IME paid by insurer) Thompson v. Liberty Northwest Ins.,
3/20:6, 6/26:1; (medical necessity must be shown for third evaluation paid
by insurer) Cunnington v. UEF, 10/9:6
Impairment:
(determination following remand with only evidence that of treating
physician) Nielson v. State Fund, 3/6:8; (pro se claimant entitled
to independent impairment rating at own cost) Blaylock v. State Fund,
7/17:8; (no deduction for estimated prior non-job impairment to same body
part) Swan v. Pacific Employers Ins., 10/9:5
Indian exemption:
(ranch entities with Indian involvement not exempt from comp coverage
since cattle trucked by uninsured independent contractor and not solely on
Reservation) Door v. State Fund, 5/15:5
Insurer: (leasing
company judicially estopped from asserting it is not an insurer) Beaulieu
v. Human Dynamics, 8/14:6, 10/2:8
Insurer IME/FCE:
(decision quashing insurer IME/FCE to be reconsidered) Broyles v.
Albertson's, 3/6:8
Jurisdiction: (WCA
has jurisdiction over medical benefits disputes, which insurer cannot
frustrate by refusing to preapprove treatment, claimant may have more than
one treating physician as required by injuries) Anderson v.
Albertson's, 8/21:7; (Court has jurisdiction over insurer's denial of
payment for medical treatment) Smith v. Highlands Ins. Group,
9/11:6
Liability exemption:
(dependent) Pekus v. UEF, 1/17:6
Lump sum: (attorney
fees, annuity, denied) Siaperas v. State Fund, 1/17:5; (denied,
request to change standard denied) Martin v. The Hartford, 3/13:2;
(lump sum of impairment awards subject to discounting but not $20,000
limit, COLA not applicable) Liberty Mutual Fire Ins. v. Warner,
4/3:5
Mediation: (not
every legal theory need be mediated, but pleadings should contain fraud
theory) Higgins v. Liberty Northwest Ins., 4/3:5; (statements
during mediation confidential) Rose v. State Fund, 4/24:6
Medical benefits: (WCA
has jurisdiction over medical benefits disputes, which insurer cannot
frustrate by refusing to preapprove treatment, claimant may have more than
one treating physician as required by injuries) Anderson v.
Albertson's, 8/21:7; (Court has jurisdiction over insurer's denial of
payment for medical treatment) Smith v. Highlands Ins. Group,
9/11:6
Medical services:
(handicap van) Simms v. State Fund, 3/20:7
MMI: (no factual
basis for determining whether a claimant is entitled to PTD when he has
reached MMI with respect to only some of his injuries) Crawford v.
Liberty Northwest Ins., 5/8:6
OD: (prospective
implementation dates) Stavenjord v. State Fund, 1/31:8; (herniated
disk work-related) Mosca v. American Home Assurance, 2/21:5;
(prospective implementation dates) Schmill v. Liberty Northwest Ins.,
2/21:5; (claim time-barred) DeWitt v. Continental Ins., 3/13:5;
(asbestosis claimant not entitled to indemnity benefits of any sort at
this time under 1983 ODA) Fellenberg v. Transportation Ins.,
3/27:5; (97 ODA applicable, not 99, no OD apportionment under Schmill)
Hand v. UEF, 12/4:2
Penalty: (granted,
denial of liability through trial) Mosca v. American Home Assurance,
2/21:5; (possible) Nielson v. State Fund, 3/6:8; (denied) Haupt
v. State Fund, 4/3:6; (denied) Woodworth v. Liberty Northwest Ins.,
4/24:4; (denied) Door v. State Fund, 5/15:5; (granted) Beaulieu
v. Human Dynamics Corp., 10/2:8; (denied, reliance on IME opinion) Rice
v. Liberty Northwest Ins., 11/13:4; (granted) Doubek v. CNA Ins.,
11/20:8; (no penalty for reliance on untimely date in written claim) Warren
v. State Fund, 11/27:8
PPD age limitations:
(constitutional) Reesor v. State Fund, 12/25:3
Procedure: (untimely
claim) Harger v. MCCF, 1/10:5;
(asbestosis claim
barred by statute of repose, Hardgrove reaffirmed) Baker v.
Transportation Ins., 1/24:4; (no standing to pursue death claim as PR)
Van Vleet v. MACo Workers' Compensation Trust, 3/6:7; (untimely
request for supplementation of record on appeal) Bustell v. AIG Claims
Service, 3/13:6; (company may be estopped from statute of limitations
defense by assurance that hearing aids would be paid through union
contracts) Stewart v. Atlantic Richfield, 3/20:6; (copies of
copyrighted medical articles not precluded from discovery, work-product
objection mostly denied) Vraspir v. State Fund, 4/10:7;
(post-deposition opinions hearsay, untimely) State Fund v. Murray,
4/10:7, 6/26:6; (counsel should advise of need for early decision) Anderson
v. Liberty Northwest Ins., 4/24:5; (summary judgment) Ahearn v.
MSGWCRRP, 5/22:6; (pro se claimant entitled to independent impairment
rating at own cost, not entitled to other benefits, orders directing
doctor to provide additional documentation, or $48,000 settlement) Blaylock
v. State Fund, 7/17:9; (stay pending fraud prosecution) Loveridge
v. State Fund, 7/31:6; (judicial estoppel) Beaulieu v. Human
Dynamics, 8/14:6; (statute of limitations tolled by mediation) Preston
v. Transportation Ins., 12/4:2; (UEF precluded by failure to appeal
DLI Order of Determination from raising affirmative (civil suit
settlement) defenses in WCC action, 97 ODA applicable, not 99) Hand v.
UEF, 12/4:2; (asbestosis latent injury claim barred by since-repealed
3-year statute of repose, statute constitutional) Hardgrove v.
Transportation Ins., 12/4:3
Reopen: (mutual
mistake as to wages) Colmore v. UEF, 3/20:7; Oens v. Employee
Benefits Ins., 3/27:6; (claimant not aware of mistake of fact
regarding relation of mental condition to job accident until within
statute of limitations, including time tolled by mediation) Preston v.
Transportation Ins., 12/4:2
Repudiation: (son
may repudiate comp claim filed by father and pursue tort action) State
Fund v. Noonkester, 9/11:6, 10/2:8
Retaliatory
discharge: (claim against employer, not UEF) McManus v. UEF, 10/2:8
Sanctions: Beaulieu
v. Human Dynamics Corp., 10/2:8
Settlement: (with
guardian) Harris v. Western Guaranty Fund, 1/10:6
SS offset:
(challenges rejected) Siaperas v. State Fund, 1/17:5; (settlement
adopted in claim of improper SS offsets on auxiliary payments after age
18, common fund fees to be awarded) Buckley v. State Fund, 6/5:6
SS retirement: (PTD
claimant not entitled to PPD upon becoming eligible for SS retirement) Otteson
v. State Fund, 6/5:5
Successive insurers:
(insurer at time of last injurious exposure liable even though
replacements previously inevitable) State Fund v. Murray, 4/10:7,
6/26:6; (voice/breathing condition same as determined to be OD when first
insurer was at risk) Fuss v. ICNA, 4/17:6
Travel: (errand not
authorized by employer, not covered travel) Bergum v. State Fund,
1/17:5
UEF: (reimbursement
claim not barred by statute of limitations, lack of liability, waiver,
estoppel, laches, benefits calculation, or failure to mitigate) UEF v.
Hume, 1/10:5; (general contractor's insurer liable for injuries of
employee of uninsured subcontractor with limited registration certificate)
Edmunds v. Liberty Northwest Ins., 3/6:7; (UEF entitled to
indemnification, burden on uninsured employer to prove noncompensability) UEF
v. Grant (The Cabinet Shop), 5/1:6; (uninsured independent contractor)
Door v. State Fund, 5/15:5; (untimely mediation request) Flynn
v. UEF, 10/9:6, 10/23:8; (UEF did not misrepresent that it was
insolvent in 1984, not estopped from denying untimely claim) Lako v.
UEF, 10/23:3
Wage loss:
(year-to-date pay period) Siaperas v. State Fund, 1/17:5; (wage
loss for claimant who returns to work at MMI measured by comparing
preinjury wage with average wage during first 4 pay periods following MMI
under §703(5)(c) (1997-01) (first impression)) Woodworth v. Liberty
Northwest Ins., 4/24:4; (wage loss determined for restaurant worker
whose post-injury wages equal pre-injury wages) Callaway v. Valor Ins.,
6/12:6; (bartender's undocumented tips not considered in determining
wages/benefits) Sandru v. Rochdale Ins., 6/19:6
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