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 insura