Montana

Montana High Court OKs Workers Comp for Pot-Smoking Park Worker Mauled While Feeding Bears

A man who was mauled while feeding the bears for his employer may collect workers compensation even though he smoked pot beforehand, according to the Montana Supreme Court. The court ruled on behalf of Brock Hopkins, finding that he was an employee of Great Bear Adventures and his pot use…

Mar 28, 2011 10:30 AM CDT

One Day After Mont. Judge Orders Woman to Have Hysterectomy for Cancer, Top Court Calls a Halt

Under legal standards for informed consent, an adult who is mentally competent generally has a constitutional right to refuse medical treatment, even treatment that would be life-saving. But after being told by a psychiatrist and a doctor that an unidentified woman’s “religious delusions” interfered with her ability to understand the…

Mar 7, 2011 6:11 PM CST

9th Circuit Says Law Firm Must Pay $311K to Man From Whom It Sought to Collect Less Than $10K

Corrected: An attorney representing a Montana consumer was jubilant today over news that a $311,000 verdict for his client, who was initially pro se in a collection case brought by a law firm over an old credit card debt of less than $5,000, had been upheld by a federal appeals…

Mar 5, 2011 12:42 AM CST

Lawmaker Wants Judge on Endangered Species List; Animal Protection Group Wants Retraction

Critics see a veiled threat in a Montana congressman’s assertions that a federal judge should be put on the endangered species list for his ruling on protections for wolves. In a speech last week to Montana’s legislature, U.S. Rep. Denny Rehberg didn’t identify the judge, but he was referring to…

Feb 18, 2011 3:09 PM CST

‘Shocked and Appalled’ By 2nd Client-Sex Complaint, Lawyer Said He Learned Lesson the 1st Time

Disciplined in 2007 for having sex with a client in 2005, a Montana lawyer has been accused of making the same mistake again, apparently with a different client, in 2008 and 2009. However, a “shocked and appalled” Solomon Neuhardt says he didn’t do it, reports the Billings Gazette. Neuhardt admitted…

Jan 21, 2011 5:37 PM CST

Safe-Driving Ad Campaign Helps Clarify: Drunken Horse Riders Comply with DUI Statute

Drunken motorists can, at least in theory, be charged with illegally driving under the influence when at the helm of a motorized wheelchair or even a recliner. But under Montana law they are in the clear when they rely on a trusted equine to take them home after they’ve had…

Jan 18, 2011 9:40 PM CST

Potential Jury Nullifies Law Before Even Being Seated, Eliminating Drug Trial

An accused drug-dealer caught a break in court last week, when a group of potential jurors in Montana revolted against an unpopular marijuana law. No way could they convict anybody of a crime for having a couple of buds of marijuana–less than a fifth of an ounce, they told the…

Dec 20, 2010 8:02 PM CST

New Name May Be on Obama’s Supreme Court Short List: Sidney Thomas

Amid speculation about which well-known potential U.S. Supreme Court nominees are on President Barack Obama’s short list, an unidentified senior administration official source tells the Associated Press that a new candidate has made the list. He is Sidney Thomas, a 56-year-old law graduate of the University of Montana who serves…

Apr 12, 2010 10:01 PM CDT

2nd-Time Ex-Lawyer Pleads Guilty in 2nd Client Theft Case

Disbarred in1988 after he was convicted and sentenced to prison for felony theft from a client, Marvin Earl “Toby’’ Alback got his law license reinstated a little over a decade later. But now the 62-year-old is an ex-lawyer again, having given up his license last year amidst allegations of unethical…

Feb 24, 2010 1:29 AM CST

Baucus Recommended Girlfriend for U.S. Attorney Post

Sen. Max Baucus, D-Mont., has confirmed that he nominated his girlfriend along with two other candidates to be U.S. attorney for Montana. The woman, Melodee Hanes, withdrew from consideration to live with Baucus in Washington, D.C. Main Justice and Roll Call broke the news on Friday, the Wall Street Journal…

Dec 7, 2009 12:36 PM CST

Woman Gets New DUI Trial, Can Argue She Had to Drive to Avoid Bar Fight

Reversing the drunken-driving conviction of a woman who wasn’t allowed to argue at trial that she had to flee a dangerous bar fight, the Montana Supreme Court has ruled that Lisa Marie Leprowse will get a new trial to present her defense. A Missoula District Court judge had agreed with…

Nov 14, 2009 12:17 AM CST

Bat-Maker Must Pay $850K to Family of Player Killed By Baseball

A Montana jury yesterday held that the maker of Louisville Slugger baseball bats must pay $850,000 to the family of a 18-year-old who was struck in the head by a batted ball at a 2003 American Legion game in Helena and died several hours later. Witnesses testified that they couldn’t…

Oct 29, 2009 8:38 PM CDT

Montana Supremes Could Find a Constitutional Right to Assisted Suicide

The Montana Supreme Court will hear arguments Wednesday in a case asserting the state constitution protects the right to physician-assisted suicide. Lawyers on both sides say there’s a good chance the high court will be the first in the nation to find a constitutional right to die, the New York…

Sep 1, 2009 4:52 PM CDT

‘Squeezed’ Judge Doesn’t Issue Quick Injunction; Wolf Hunt Likely to Proceed

Environmentalists say a wolf hunt in Idaho is likely to proceed today, after a federal judge in Montana said he needed to review some documents before ruling on a request for an injunction. The hunt would be the first in decades. Environmentalists say wolves should be returned to the endangered…

Sep 1, 2009 11:56 AM CDT

Med-Mal Closing Sickens Juror, Spurring Defendant’s Help and New Trial

Updated: An emotional closing argument by the lawyer for a medical malpractice plaintiff ended up showcasing the defendant physician’s skills, leading the Montana Supreme Court to order a new trial. The court ruled Friday in the case of medical malpractice plaintiff Amy Heidt, who was seeking damages in an October…

Aug 18, 2009 2:33 PM CDT