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Administrative
Law
Exhaustion:
(required of parallel agencies) Mountain
Water Co. v. PSC, 4/9:1
Agency
Agent: (tortious
interference defendant not ostensible agent of company) Bellanger
v. American Music Co.,
1/8:1
Agriculture
Cattle importation:
(mad cow disease) R-CALF v.
USDA, 7/30:6
Disaster relief:
(county/state committees improperly calculated grass seed losses) Boucher
v. FSA, 3/5:7
Appellate
Procedure
Absconded defendant:
(appeal will be dismissed if he fails to surrender) Sliwinski,
4/23:3
Appeal from justice
court: (Defendant preserved only right to appeal JP's denial of motion to
suppress, not entitled to trial de novo) Schulke,
4/9:2; (dismissed for failure to timely file brief) Frazier,
4/23:3; (extra time for State to file brief in appeal to District
Court properly allowed) Allum,
6/18:2; (no trial de novo under 2003 legislation, but District Court
may review ineffective assistance claim) Lehman,
7/30:3
Appealable order:
(order denying entry of default judgment not appealable) Slice
v. The Hartford Ins.,
1/15:2; (appeal of order denying change of venue based on insurance
policy venue language not interlocutory) The
Doctors' Company v. Finney,
9/17:3; (denial of contempt for failure to pay VA disability as
marital property appealable order) Lutes,
10/1:2; (after substantial waste of time, turns out that final
judgment requirements not met) Kern
v. Progressive Specialty Ins.,
11/26:7
Review standard:
(appeal of denial of lost appeal malpractice claim) Richards
v. Knuchel, 7/23:1
Attorney fees: Hobbs
Enterprises v. JGL Distributing,
1/8:2; Marriage of
Collins, 1/8:3;
(denied) Ioerger v. Reiner,
6/25:1
Certification: (certification
order insufficient, appeal dismissed without prejudice) Filip
v. Jordan, 9/24:4
Extension: (counsel
admonished for ignoring rules & orders) Smerker,
7/2:3
Injunction: (denied during appeal
of methane drilling decisions) Diamond
Cross Properties v. State,
12/10:3
Interlocutory appeal: (no
interlocutory appeal of Whelan's order permitting class action) Costello
v. Beneficial Montana,
8/27:2
Issue raised first
time in reply brief: (not addressed) State
v. Dreidlein, 11/12:5
Issue raised first
time on appeal: (new federal rule on Confrontation Clause) State
v. Carter, 4/9:2;
(remanded for analysis under correct version of driver's license
suspension law (law in effect at time of accident) Sikorski
v. Johnson, 5/21:2;
(State may raise jurisdiction (failure to object to sentence) first time
on appeal, although not condoned) State
v. Osborne, 11/5:3
Jurisdiction:
(question of voiding stipulation is ancillary to issue raised on appeal,
may be decided by District Court pending appeal)
Montgomery v. Financial
Indemnity, 12/31:2
Mediation: (no
provision for sanctions for refusal to participate in mediation, but may
be time to consider providing for sanctions) Arnett
v. Marina Cay Resort Villas,
2/12:1; (75-day mediation time applicable despite voluntary mediation)
Morton v. Progressive
Specialty Ins., 6/4:1
Mootness: (appeal of
$500,000 verdict moot after sale of ranch and payment of judgment) Graveyard
Ranch v. Bell, 7/16:1;
(insurer's appeal of denial of motion to intervene in post-trial
proceedings in $8,245,572 cement truck/car verdict denied as moot based on
judicial declaration in bad-faith action that it had obtained relief it
sought, and also because of pending Federal Court coverage litigation,
released Defendant improperly in appeal)
Martinez v. Polson Ready Mix,
12/17:3
New evidence:
(remanded for consideration of 60(b)(2) new-evidence motion prior to
consideration of appeal) Rosenthal
v. Madison Co., 7/2:2
Notice of appeal: (notice of
appeal must be filed in District Court file even if it requires physical
transport back from JP Court, 14-day stay of eviction granted to allow
compliance with rules, counsel admonished to read appellate rules) Lemire
v. Stanley, 10/29:4
Over-length briefs: (allowed)
Martinez v. Polson Ready Mix,
12/17:3
Record: (appellant
must provide entire transcript because of failure to follow partial
transcript procedures, sanctions) Promisco
v. Bozeman Deaconess Health Services,
2/19:2; (motion to dismiss because of insufficient appeal record taken
under advisement) Roosevelt
Memorial Medical Center v. JP Stevens & Co.,
4/2:1
Rehearing: (untimely petition) Wallace
v. Hayes, 12/10:3
Sanctions: (denied) GRB
Farm v. Christman Ranch,
3/19:1; (denied) Culbertson-Froid-Baineville
Health Care Corp. (Roosevelt Memorial Medical Center) v. JP Stevens,
10/22:1; (denied) Stipe
v. First Interstate Bank of Polson,
11/26:3; (denied) Parenting
of KP, 12/10:4
Standard of review:
(for summary judgment) Cole v.
Valley Ice Garden, 4/9:1;
5/7:1
Stay: (stipulation
not reason to stay asbestosis comp appeal) Paul
v. Transportation Ins.,
1/15:2; (grandparent visitation) Polasek,
7/16:2; (issue of whether 13 out of numerous loan claims must be
submitted to arbitration is severable from merits of remaining issues, no
stay pending appeal of a few claims in class action) Costello
v. Beneficial Montana,
8/27:2
Supervisory control:
(response ordered although no transcript of order) Williams
Feed v. Tucker, 4/30:3;
(denied in church sexual assault case) Passmore
v. Swandal, 11/26:6
Time: (60-day rule
not extended by 3-day mail time, no jurisdiction to hear appeal) Billings
v. Dill, 6/4:4;
(appeal improvidently filed prior to written judgment) Smerker,
7/2:3
Untimely appeal: Flesch
v. McDonald's Reaturant,
9/24:1
Transcript:
(appellant must provide entire transcript because of failure to follow
partial transcript procedures, sanctions) Promisco
v. Bozeman Deaconess Health Services,
2/19:2
Untimely brief:
(excuse for late brief lame but appeal not dismissed) Promisco
v. Bozeman Deaconess Health Services,
2/19:2
Arbitration
Construction contract: (Taco John
franchisee fraudulently induced to sign local 24% cost-plus construction
contract, but fault on both sides, equitable solution) Synergy
Builders v. Big Talk,
9/24:6
Interests Purchase
Agreement: (locomotive rebuild business, breach of agreement, failure to
disclose modified sublease, no release, put/call offer not effective with
conditions, no breach of duties by majority member to minority member) Talgo-LRC
v. USA Northwest, 2/19:7
LLC misappropriation: (award
involving livestock monitoring LLC properly confirmed under Wyoming law,
motion to vacate timely, due process not violated by consideration of
alleged lack of notice of counterclaims, punitives permissible under
Wyoming law (first impression), $2.5 million damages for misappropriation
of LLC property rights properly awarded against Plaintiff for default of
award, transfer of LLC units properly awarded against Defendant for breach
of order to pay Plaintiff $100,000 plus fees/costs) Wallace
v. Hayes et al, 10/22:2
Summary judgment: Inman
v. Lithia of Missoula,
5/14:5
Wrongful discharge:
(auto dealership sales manager, accident while driving company vehicle) Inman
v. Lithia of Missoula,
5/14:5
Associations
Bylaws: (alleged
manipulations to disadvantage of minority shareholder) Peters
v. Burk, 5/21:8
Attorney
Fees, Costs
Amount: (fees
properly reduced under ``reasonableness'' standard, ``actual'' costs
improperly reduced) Gullett
v. Van Dyke, 4/30:2;
Crail Creek Associates v.
Olson, 7/16:3;
(expert testimony not required to establish reasonableness)
Wage Claim of Ramsay,
12/17:2
Costs: (properly taxed for
display services, deposition used for impeachment) Cunningham
v. Sobba, 9/24:7;
(Plaintiffs not given time to object to bills of costs) Sherner
v. National Loss Control Services,
11/26:1; (Defendant entitled to costs as matter of course in action
for recovery of money or damages) Rodgers
v. MONY Life Ins.,
11/26:2; (costs affidavit improperly signed by affiant's partner,
award vacated) McDermott v.
Horse Prairie Ranch,
11/26:3
CPA: (intermediate
standard for awarding fees to prevailing CPA defendants adopted) Tripp
v. Jeld-Wen, 5/14:1
EAJA: Boucher
v. FSA, 3/5:8;
(Indian trust fund litigation)
Cobell v. Norton, 12/24:8
Prevailing party: Hobbs
Enterprises v. JGL Distributing,
1/8:2
Private AG fees: American
Cancer Society v. State,
1/1:3
Pro hac vice:
(Seattle firm and Montana member rapped for using Montana member as
``local counsel'' bag carrier for pro hac vice member in disregard of
local rules and order) Reichelt
v. Cellco Partnership,
6/18:5
Swenson
factors: Plath v. Schonrock,
3/5:4
Timeliness of
request: Byers v. State Fund,
6/25:3
Attorney
Practice
Attorney-client
privilege: (``magic circle'' of third parties with whom information may be
shared without waiver of privilege includes insurers in insurance defense
situations, documents in claims file protected subject to challenge of
individual documents) Dukes v.
Fidelity Guaranty Ins.,
2/5:6; (not waived by undetailed, conclusory, plaintiff-elicited
reference to legal advice by corporate counsel, ``reliance on counsel''
exception, implied waiver not applicable) Powers
v. Energy West, 3/19:3;
(not violated when former director of close corporation who sues
corporation is allowed to discover communications between corporate
counsel and other directors which occurred during his tenure as director) Inter-Fluve
v. Salvagni, 4/30:1
Counsel of record:
(only individual lawyers, not entity employing them) Jane
Doe v. Scott, 2/19:6
Legal malpractice:
(plaintiff who failed to raise claims in arbitration process cannot
establish negligence by lawyer in district court appeal) Paulson
v. Harrison, 5/14:4;
(local rule encouraging notice regarding pending matters not mandatory,
probable outcome of lost appeal a question of law (first impression), lost
divorce appeal would not have succeeded, malpractice claim properly
dismissed) Richards v.
Knuchel, 6/4:1;
(appellate review standard) 7/23:1
Work product: (supervisory
control of Swandal denied in denial of Prosecutor's notes sought by
malicious prosecution claimant) Three
Creeks Ranch v. Swandal,
8/20:2
Banking,
Commercial Paper
Consumer Loan Act:
(provides limited private right of action by implication, prohibits
``points'' on origination of real estate loans) Wombold
v. Associates Financial Services of Montana,
1/1:2
Fraud:
(waiver-of-interest document obtained by fraud, rescinded) Estate
of Kindsfather, 3/5:2
Lending breach:
(ranch loan claims rejected) McCoy
v. First Citizens Bank,
5/14:5
Trust indenture:
(improperly incorporated language from document recorded in another
county, failed to preserve deficiency judgment entitlement) Funke
v. Strong, 1/22:1
Bankruptcy
Adversary
proceeding: (res judicata to usury counterclaims in state court note
collection action) Olympic
Coast Investments v. Wright,
1/22:1
Attorney fees: (disgorgement
ordered for failure to explain differences between Chs. 7 and 13) Sharp,
11/5:5
Exemptions: (whether
stock sold for end-of-life care is exempt as ``benefits,'' certified
question) Archer,
6/4:2; (``militia forces'' gun exemption, certified question accepted)
Maynard,
9/24:3
Bench
Judgments
Auto: (UIM,
left-turn auto, admitted negligence, severe ankle fracture) Parsons
v. Shinkel, 3/26:5;
(husband & wife rafting clients suffering brain and other traumatic
physical & mental/emotional injuries in auto rollover, emotional
distress of minor son observing injured parents, assignment of rights
under CGL policy to Plaintiffs) Nielsen
v. Hanna, 9/3:4
Debt collection:
(default judgment, attempts to collect debt not owed) Bennett
v. Bay Area Credit Service,
3/26:7
Fraudulent
transfers: (marital) Jostes
v. Davis, 4/23:4
FTCA: (BIA dam
drowning, recreational use) Gervais
v. US, 3/26:8
Legal malpractice: Waddell
v. Estate of DiRe,
5/28:4
Lessor of
``$250,000'' wrecked truck: (not entitled to anything beyond $114,500
insurance payment and 3 months lost rental) Performance
Machinery v. Yellowstone Mountain Club,
3/5:5
Radio station
defects: STARadio v.
Commonwealth Communications,
4/9:6; 4/16:7
Truck scale construction
contract: Rockwell Scales
Service v. Frank, 8/13:4
Wage claim: (State
Fund exempt v. nonexempt employees) Byers
v. State Fund, 6/25:3
Wrongful discharge: Body
shop manager fired for good cause for ``piece of shit'' comment to
customer that resulted in reduced price of car with sticking doors, Sterrett v. Tilleman
Motor, 1/22:2;
Civil
Procedure
Amendment: (amendment to
challenge bidding statute constitutionality for lack of remedy for alleged
damages would have been futile due to failure to administratively preserve
tort claims) Reier
Broadcasting v. MSU-Bozeman,
10/1:2
Choice of law: (WDA
claim treated as tort claim... ``most significant relationship'' factors
favor Montana law for employee hired in Montana by Montana-based
corporation, transferred to Idaho, summoned to Montana to be discharged) Lean
v. One Call Locators,
7/16:5; (ND actual place of performance of policies, Plaintiffs not
entitled to UIM under ND law) Kilmer
v. State Farm Mutual Auto Ins.,
8/6:4
Class action: (``commenced'' for
purposes of CAFA when original complaint filed in state court, not when
removed to Federal Court, properly remanded, not necessary to decide
whether 28 USC 1454(c)(1) requirement that appeal must be ``not less
than 7 days after entry of the order'' contains typo since appeal
filed 7th day following remand order) Bush
v. Cheaptickets,
10/15:2
Contribution:
(Defendant's third-party claim for contribution against Plaintiffs' lawyer
nonjusticiable) Dennis v.
Brown, 4/9:1
Damages: (rebuttal
expert as to hedonic damages testimony improperly precluded, punitives
issues) Dorn v. BNSF,
2/12:4; (course of life damages improperly awarded in survivor action,
household services damages properly awarded albeit incorrectly in survivor
part of verdict form, $500,000 improperly awarded to non-PR father in
wrongful death claim, parents may be awarded consortium damages for death
or injury of adult child in certain circumstances, no such circumstances
here, $300,000 award vacated, $450,000 to PR for grief/ sorrow/mental
anguish affirmed) Hern v.
Safeco Ins., 12/3:1
Declaratory
judgment: (proper when final decision on liability entered in underlying
action and declaratory judgment not subject to amendment) American
Stores v. Commercial Union Ins.,
5/7:3
Default judgment:
(not set aside) Peak
Development v. Juntunen,
4/2:1; (judgment, not set aside, relocation of law office and personal
problems of assistant not good cause... neglect of counsel charged to
client) Matthews v. Don K
Chevrolet, 7/2:1
Discovery:
(adjuster's interview summaries discoverable over objection that they were
not reduced to writing and were in anticipation of litigation, adjuster
may be deposed as to spoliation) China
Buffet of Billings v. Gustafson,
1/15:1; (sanctions against Defendant and counsel for failure to
produce insurance policies) Jane
Doe v. Scott, 2/19:5;
(attorney fees granted for first motion to compel, denied for second, new
local rule requires certification of cooperation attempt) Sherrill
v. Progressive Northwest Ins.,
3/12:2; (Defendant must respond to financial interrogatories in light
of potential punitives) TEF
v. Dasen, 3/19:3;
(Defendant waived untimely privilege log, standard enunciated) BNSF
v. District of Montana Court,
4/2:5; 6/4:5; (untimely disclosure of railroad's shock/vibration expert's
underlying data stricken as mandatory sanction, safety expert's testimony
limited to timely disclosed conclusions/data, gamemanship by both sides
rapped) Olson v. MRL,
5/14:6; (good cause for 2nd deposition after designee for 2 of 8
topics changed mid-stream) Jane
Doe v. Scott, 6/25:5;
(deadlines extended due to Court's failure to send scheduling order to
Defendant, counsel should inquire if it appears Court has not followed
through on such things) McCluskey
v. Allstate Ins., 8/6:5;
(suit properly dismissed for discovery abuses) Xin
Xu v. McLaughlin Research Institute for Biomedical Science,
8/27:2; (motions to compel identities of other boring machine owners
properly denied) Thiel's
Welding v. Vermeer Sales & Service Montana,
9/3:2; (sanctions properly imposed, Smith requirement of
consistency between consequences explicitly warned of and sanctions
actually imposed applicable only where consequences explicitly warned of,
not necessary for judge to warn since discovery rules already warn,
Defendant failed to provide transcript for ascertaining basis for award of
$143,713 for new hospital roof) Culbertson-Froid-Baineville
Health Care Corp. (Roosevelt Memorial Medical Center) v. JP Stevens,
10/22:1
Dismissal: (motion
to dismiss improperly transformed to one for summary judgment) Stokes
v. DOT, 2/26:2
Execution: (state
court writ, partial seizure, and judgment lien related to federal court
$1,357,249 ERISA judgment valid) Raines
v. Donaldson Bros. Ready Mix,
2/5:5
Failure to prosecute: (no abuse
of discretion in dismissing legal malpractice claim) Hauschulz
v. Michael Law Firm,
8/6:1
Injunction:
(sufficient evidence to deny preliminary injunction, but additional access
issues improperly resolved without trial) Yockey
et al v. Kearns Properties et al,
2/19:1; (deposit ordered pending resolution of suit by court services
company against competing former employees) Mountain
Peaks Inc. v. Pohle,
12/10:5
Instructions: (on
unpled negligent misrepresentation properly given) Tripp
v. Jeld-Wen, 5/14:1
Interest:
(clarifying rule adopted for interest when money judgment modified or
reversed on appeal, applied to train/hy-rail death case where $484,898
judgment on 50/50 verdict restored to full $969,797) Woods
v. BNSF, 1/1:2;
(prejudgment) Crail Creek
Associates v. Olson,
7/16:3; (prejudgment interest properly awarded because Defendant had
information to calculate amount certain even if Plaintiff did not)
Wage Claim of Ramsay,
12/17:2
Intervention: (of
right, attorney fee dispute) Dias
v. Healthy Mothers, Healthy Babies,
5/28:1
Joinder: (LLC member
not served separate from LLC, no postjudgment joinder for fraudulent
transfer execution) Ioerger
v. Reiner, 6/25:1;
(time-barred, party not on notice of action) Dana
v. Woodard, 7/9:3
Judgment enforcement: (summary judgment denied on claims against
non-party alleged alter ego in suit to collect $1,355,000 verdict against
nursery transplanting machine manufacturer) State Nursery & Seed v.
Bouldin Corp., 10/8:5
Jury: (deliberation on punitives following
compensatory verdict properly precluded
following dismissal of juror and Defendant's
refusal to agree to punitives jury of 11) Winslow
v. MRL,
9/10:1; (Judge concluded that jury
computed damage amount rather than Court as
instructed, allowed jury's ``net'' to stand) McDermott
v. J&S Development, 9/17:6
Law of the case: (from prior appeal) Winslow v. MRL, 9/10:1
Litigation bar:
(Plaintiff improperly barred for life from any new litigation without
approval) Cox v. Rocky
Mountain Bank of Plains,
1/15:1
Mistrial: (granted
for FELA Defense counsel's violation of pretrial evidentiary rulings
precluding vibration testing, monetary sanctions proposed) Olson
v. MRL, 7/2:4
Motion: (application
by motion, not ``request,'' brief should be filed separately from motion) Jane
Doe v. Scott, 2/19:6
Punitives review: Murphy
Homes v. Muller, 3/19:4;
Seltzer v. Morton,
5/28:2; Balich v.
Metropolitan Property & Casualty Ins.,
7/2:5
Relation back: Dana
v. Woodard, 7/9:3
Res ipsa: (medical malpractice) Cunningham
v. Sobba, 9/24:7
Res judicata:
(bankruptcy adversary proceeding res judicata to usury counterclaims in
state court note collection action) Olympic
Coast Investments v. Wright,
1/22:1; (bars claims relating to gas well payments) Sandtana
v. Klabzuba Oil & Gas,
5/21:5; Xin Xu v.
McLaughlin Research Institute for Biomedical Science,
8/27:2
Retroactivity:
(clarified rule adopted) Dempsey
v. Allstate Ins., 1/1:1
Rule 35 exam: (good
cause for 2nd (joint) IME) Minister
v. GEICO, 3/12:5
Rule 59: (motion
untimely) Marriage of
Schoenthal, 2/19:2
Rule 60(a):
(clerical errors not properly considered) Marriage
of Schoenthal, 2/19:2
Rule 60(b)(6):
(lawyer's miscalculation of filing time not proper for relief) Marriage
of Schoenthal, 2/19:2
Sanctions: (discovery sanctions
denied) Winslow v. MRL,
9/10:1; (Plaintiffs waived by stipulation their right to hearing on
fee award, Rule 11 sanctions properly imposed) Stipe
v. First Interstate Bank of Polson,
11/26:3
Satisfaction of
judgment: (partial satisfaction should have been ordered) Gullett
v. Van Dyke, 4/30:2
Settlement enforcement:
(stipulated dismissal order must be set aside pursuant to agreement that
application & affidavit mandate set-aside) K2
America v. Dynatec Energy,
10/8:4
Severance: (issue of whether 13
out of numerous loan claims must be submitted to arbitration is severable
from merits of remaining issues, no stay pending appeal of a few claims in
class action) Costello v.
Beneficial Montana,
8/27:2
Statute of
limitations: (claim for failure to pay disability COLA benefits
time-barred) Rodgers v. MONY
Life Ins., 11/26:2
Summary judgment:
(moving party in probate dispute not afforded notice & opportunity to
be heard before summary judgment granted to nonmoving party) Estate
of Marson, 9/24:3;
(summary judgment in Indian employment contract dispute again improperly
entered on remand, no summary judgment by default, fact issues as to
contract termination language)
Bradley v. Crow Tribe of Indians, 12/17:2
Supplementation:
(post-trial stipulated supplementation denied) Public
Lands Access Association v. Jones,
1/8:1
Sworn complaint:
(not required in municipal court) Allum,
6/18:2
Untimely brief:
(motion to redetermine award properly deemed denied due to untimely brief)
Boston v. Bitterroot
International Systems,
9/3:2
Withdrawal of
counsel: (Defendant not required to notify Plaintiffs of withdrawal of
their counsel until counsel filed written notice) Flesch
v. McDonald's Restaurant,
9/24:1
Civil
Rights
§1983: (locker room
videotaping claims dismissed as to parents' derivative claims and because
of failure to show deliberate indifference, state claims dismissed without
prejudice) Harry A. v. Powell
Co. School Dist., 1/22:2;
(property right by self-government municipal department heads in continued
employment, Chief Executive aware of law at time, not entitled to §1983
immunity) Johnston v. Babb,
10/22:7
Commerce
Sale v. rent:
(sufficient evidence that boring machine not ``sold'' to Plaintiff) Thiel's
Welding v. Vermeer Sales & Service Montana,
9/3:2
Condemnation
Pipeline:
(relocation to avoid PCB approved) Yellowstone
Pipe Line v. Sebena,
2/5:2
Conservatorship
Fiduciary duties: (conservator
did not breach fiduciary duties, but farm lease with contrived offset for
unused irrigation system should be audited to avoid appearance of
impropriety) Saylor,
9/24:2
Standing to
petition: (attorney for adverse party in related case has standing to
petition for conservatorship following $800,000+ estate dissipation by
lawyer, nephew) Kloss,
2/26:1
Constitutional
Law
CJIA/privacy:
(§1983/1985, other claims by fired airport security officer rejected) Barr
v. Great Falls International Airport Authority,
2/26:2
Establishment
Clause: (does not preclude court consideration of church board
composition, presidency powers in relation to church property) The
Second International Baha'i Council v. Chase,
2/19:1
Consumer
Protection
Trebling: Plath
v. Schonrock, 3/5:4
Contracts
Fiber optic: (summary judgment
for Plaintiff on breach of contract, constructive fraud, negligent
misrepresentation by power company as to fiber exclusivity) American
Capital Group v. Flathead Electric Cooperative,
8/13:3
Option: (consent to
assign not waived, breach in assigning option not material as to warrant
forfeiture, antiforfeiture statute properly applied) Hobbs
Enterprises v. JGL Distributing,
1/8:2; (farm lease negotiation clause merely agreement to agree, vague
& unenforceable) GRB Farm
v. Christman Ranch,
3/19:1
Optometrist: (claims by
optometrist against termination of prepaid services plan due to alleged
conflict with optical franchise properly rejected on summary judgment) Hardy
v. Vision Service Plan,
9/24:1
Copyright
Rangelands
monitoring: (summary judgment on rangelands monitoring/management
counterclaims precluded by fact issues as to statute of limitations
accrual/tolling, laches, intentional/willful conduct, intent to resume use
of mark) Rangehands v. Land
EKG, 1/8:7
Corporations
Dissolution:
(reinstated church corporation able to ratify gift of land received during
involuntary dissolution, donors had donative intent, estopped by
``corporation by estoppel'' from questioning corporate status, church has
standing to sue asphalt dumpers) Valley
Victory Church v. Sandon Gravel & Excavating,
3/26:2
Courts
Bias: Marriage
of Epperson, 3/5:3
Conflicting
decisions: (between successor judges on Medical Examiners negligent
credentialing immunity) Nelson
v. Rice, 7/30:1
Fraud on court: (alleged false
testimony in divorce proceeding that husband did not own real estate would
constitute perjury/intrinsic fraud, not extrinsic fraud) Castonguay
v. Estate of Polson,
10/29:4
Judicial
disqualification: (supervisory control denied) Stevens,
4/23:3
Jurisdiction: (no
jurisdiction over Mississippi insurer, Montana accident, part-time Montana
residents) Carter v.
Mississippi Farm Bureau Casualty Ins.,
3/26:1; (district court has concurrent jurisdiction with justice court
over both misdemeanor and felony partner assault charges) State
v. Brockway, 7/23:4;
(no personal jurisdiction to enter default judgment due to lack of proper
service, jurisdiction not invoked by appearance to challenge jurisdiction,
deemed denial of motion to set aside inconsequential) Semenza
v. Kniss, 10/29:3
Justice court:
(challenge of default judgment for lack of notice untimely, but Defendant
may collaterally attack lack of personal jurisdiction) CBM
Collections v. Ferreira,
7/9:1
Small claims court:
(court reporter not prohibited from transcribing audio tape, although not
required by rule, tape accepted as record for this appeal) Cox
v. Soto, 1/22:2
Trial length: (claim
of ``surprise'' trial shortening denied) Raines
v. Donaldson Bros. Ready Mix,
4/9:4
Venue: (of wrongful
death/survivorship action against MPC and Helena properly in Butte) Meyer
v. MPC (Northwestern Energy,
3/26:1; (change to Missoula from Yellowstone proper for combined suits
by franchisees against Missoula franchisor) DMI
v. Junga Juice of Montana,
8/27:2; (suit involving 4 ISP contracts valid in Gallatin Co. where
one of client's stores located, not just because of Internet routing
through Bozeman, Butte Defendant's motion to change venue to Silver Bow
denied) Global Net v. Town
Pump, 9/10:5;
(county of defunct corporation proper venue for multi-defendants tort
action) Allen v. ARCO,
11/12:1; (suit against LLP may be commenced in any county in which any
general or limited partner resides) Maupin
v. Meadow Park Manor,
12/10:2
Crime,
Criminal Procedure
Aggravated assault:
(juror misconduct not established by failure to disclose assault by
Defendant's brother, jury query properly answered by reference to
instructions, photos of victim properly admitted, charging documents not
required to state that Defendant may have been acting in self-defense,
sufficient evidence of knowingly/purposely, prosecutorial misconduct claim
not preserved, PSI report of prior police contacts properly considered,
placement properly required outside of Butte-Silver Bow area) Dunfee,
6/11:3
Aggravated kidnap: (jury should
have been instructed on unlawful restraint as lesser-included) Meyer,
9/17:5
Arson: (fireman properly allowed in this
case to testify as lay witness to pour patterns)
Henderson, 12/31:3
Assault on officer:
(assault with weapon not lesser-included, no error in avoiding double
jeopardy by charging strategy) Matt,
2/5:4; (due process arguments relating to officer victims/witnesses
not preserved, jail video of confrontation properly admitted, resisting
arrest not lesser-included when offenses occurred after arrest) Pittman,
3/26:4; Grixti,
12/3:4
Assault with weapon:
Toulouse,
7/9:1; Kearney,
7/16:3; (inflammatory language on truck/clothes properly admitted to
show strained relationship and fear) Cesnik,
10/22:4
Attorney conflict:
(no actual conflict in joint representation of drug defendants) Wells,
1/29:3
Accomplice testimony:
(corroboration) Burkhart, 1/1:6
Bail: ($100,000 for
indigent rape defendant not unreasonable, habeas denied) Burckhard,
6/4:4
Brady:
(routine erasure of bank video) Allum,
6/18:2
Brief length: (Defendants' motion
in complex environmental case for standing order suspending LR CR12.1(b)
denied, brevity encouraged) W.R.
Grace, 8/6:5
Burglary: Honey,
5/7:2; (investigative stop supported by particularized suspicion) Chambers,
8/13:2; Clark,
12/31:3
Confession:
(voluntary) Honey,
5/7:2; (murder confession in voluntary boot camp not ``classic
penalty'' coercion) Woods,
8/6:2
Continuance: (to
obtain ill witness, properly denied upon failure to assure availability) Toulouse,
7/9:1
Counsel: (not
denied) Honey,
5/7:2
Criminal endangerment: (holding
child during armed confrontation with officers) Weigand,
8/20:4; Henderson,
12/31:3
Death penalty: (right to
execution) Dawson,
8/6:3
Deferred
prosecution: (jail time properly imposed pursuant to agreement for
fish/game violations) Dreidlein,
11/12:5
Deliberate homicide: McGarvey,
12/10:4
Double jeopardy:
(attempt to charge 3 protective order violations after dismissal of single
charge after jury sworn barred by double jeopardy) Lynch,
7/23:4
Costs:
(of appointed attorney improperly imposed
without considering ability to pay) Rudolph,
2/26:4; (witness fees improperly assessed
beyond limit) Parrish,
5/14:3
Double
jeopardy: (not violated by refusal to dismiss
following mistrial) Mallak,
3/19:1; (persistent offender enhancement
based on underlying offense and failure to
register not double jeopardy) Wardell,
10/22:3
Drugs: (sufficient evidence of operating
meth lab, possession of drugs, sentence
properly enhanced for proximity to other
residences) Chase, 1/15:3;
(possession is lesser-included of
manufacturing, conviction of both barred by
double jeopardy, state law arguments raised
first time on appeal reviewed under
ineffective assistance claim, first-time
manufacturing accountability subject to 10
years, not 6 months) Becker,
4/2:2; Long,
6/4:4; (drugs in blood/urine only
circumstantial evidence of prior possession,
requires corroborating evidence of voluntary
possession, meth in urine corroborated by
admission, opiates/marijuana not corroborated,
admission of meth use in revocation proceeding
in exchange for recommendation of treatment
not coerced, properly admitted at subsequent
trial) RH,
7/23:3; (proper custody chain of baggies
shipped by UPS) Bowser,
11/12:3
DUI:
(5th-offense properly charged based on prior
California DUIs, WATCh must be completed
during prison term) Polaski,
2/5:4; (Defendant's uncontradicted
testimony sufficient for finding lack of
grounds for arrest, license reinstated) Eustance,
2/26:3; (``erratic driving'' reason for
stopping, adequate description of training) Clark,
3/26:4; (Intoxilizer certification reports
nontestimonial evidence per new federal rule,
authors not required to be present at trial
under Confrontation Clause) Carter,
4/9:2; (particularized suspicion based on
erratic driving sufficient without citation to
specific statutory violation, Defendant
preserved only right to appeal JP's denial of
motion to suppress, not entitled to trial de
novo, hearing on motion to suppress not
necessary) Schulke,
4/9:2; (chain of observations & events
from informant to stop of 2nd vehicle with
passenger who had been driver of DUI vehicle) Labuda,
4/9:3; (investigation at scene and
hospital did not constitute investigative stop
that would trigger advisory, no improper
deviation from HGN interval requirement,
consent given for blood test) Zakovi,
4/16:2; (particularized suspicion based on
vehicle parked in closed city park and
subsequent observations including open
containers, even though no intent to issue
citations for violation of city ordinances) Todd,
5/14:3; (Defendant properly observed
during breath test and did not ingest anything
during 15 minutes before) Flaherty,
5/21:4; (Lane oral/written sentence
challenge rejected) Wiedrich,
5/21:4; (jury properly instructed on
``actual physical control'' by sleeping
suspect, refusal to submit to field tests) Hudson,
6/11:3; (bar parking lot a ``way of the
state open to the public'') Hayes,
6/18:3; (particularized suspicion to stop
based on erratic driving despite erroneous
Municipal Court finding of illegal U-turn) Trombley,
7/16:3; (State established Alco-Sensor PBT
reliability sufficiently in showing that BAC
exceeded legal limit, spontaneous statements
prior to investigative stop advisories
properly admitted, felony DUI still subject to
persistent offender after amendment allowing
treatment as alternative to prison) Damon,
9/10:3; (particularized suspicion to stop
based on citizen informant's 911 call) Myhre,
11/12:3; (check of car parked on
interchange in 0 weather proper under
community caretaker doctrine, properly ripened
into DUI investigative stop)
Seaman, 12/17:4; (intent to offer
mental illness as alternative explanation for
driving off road by Defendant who had bullet
wound not made clear to Court, mooted by
witness's ``no'' to query purportedly
intending to lead to mental illness theory)
Sheehan, 12/24:4; (evidence of
``malfunctioning'' speedometer properly
excluded where State did not try to prove
diminished ability to drive based on speed)
Spencer, 12/31:4
Entrapment: (officers merely afforded
Defendant DUI opportunity) Reynolds,
1/1:8; (challenge of vehicle forfeiture
waived in plea agreement) Herman,
4/30:4
Felony-murder: (assault with weapon
encompassed under felony-murder statute, not
unconstitutionally applied to abridge due
process including mens rea) Burkhart,
1/1:6
Homicide solicitation:
(renunciation defense properly denied)
Lynch, 12/31:4
Hunting/fishing:
(privileges properly suspended) Ruiz,
5/14:4
Ineffective
assistance: (claims by baby homicide defendant
rejected) Elliott,
2/5:4; (claims rejected) Clausell,
2/19:2; (defense counsel's allegation of
perjury, failure to object to questioning
about truthfulness of police, cannot be
resolved on direct appeal) Webster,
3/5:4; (ineffective assistance in failing
to take notice of questionnaire disclosure
that panelist was mother of Prosecutor's
paralegal) Lamere,
5/14:2; Batson challenge waived by
untimely assertion) Parrish,
5/14:3; (decision not to investigate
potential witnesses reasonable, no indication
they would have changed outcome, good reason
not to open door to maggot time-of-death
testimony) Weaver,
7/2:2; (calling ER doctor in assault case)
Kearney,
7/16:3; (no ineffective assistance to
failing to appeal juror selection error based
on 1996 law, Judge's failure to consult
parties before answering jury queries should
have been raised on direct appeal but failure
to raise it not ineffective assistance under
1995 law) Woods,
8/6:2; (claims by check forgery defendant
denied) Garrett,
8/20:3; (claim of ineffective assistance
for not objecting to search warrant more
appropriate for postconviction) Bowser,
11/12:3; (claim more appropriate for
postconviction) Novak,
12/3:3
Jury: (juror who could not follow laws with
which he disagreed properly removed for cause)
Burkhart, 1/1:6; (panelist improperly
removed without exam, but error harmless
because of substantial compliance, no
prejudice) Bearchild, 1/1:7;
(ineffective assistance in failing to take
notice of questionnaire disclosure that
panelist was mother of Prosecutor's paralegal)
Lamere,
5/14:2; (Defendant not prejudiced by not
being present while Judge addressed juror
concerns) Riggs,
5/21:3; (untested drug bindle properly
allowed into jury room) Long,
6/4:4; (misconduct not established by
failure to disclose assault by Defendant's
brother, jury query properly answered by
reference to instructions) Dunfee,
6/11:3; (prospective juror indicated
ability to be fair and follow law despite
moral repugnance toward anal sex between men) Marble,
8/27:3
Kidnap:
(aggravated) Toulouse,
7/9:1
Mandamus:
(Judge allowed to respond to request for
mandamus to require ordered relief) McClanahan,
2/26:5
Negligent
homicide: (victim's alleged violent history
irrelevant to justifiable force) Montgomery,
5/21:3
New trial: (law relating to motions for new
trial based on new evidence clarified,
remanded for reconsideration of new trial
motion based on recantation)
Clark, 12/31:2
Obstruction of officer: (attempted,
neighbor's warning call about SWAT) Baker,
1/8:5
Other
crimes: (theft defendant invited reference to
PO, waived right to appeal alleged error)
Smith, 2/5:3; (inadvertent
statement properly cured by instruction) Long,
6/4:4
Partner/family
member assault: (District Court has concurrent
jurisdiction with Justice Court over both
misdemeanor and felony charges)
Brockway, 7/23:4; (references to
prior assaults not cause for mistrial)
Hofeldt, 7/30:4; Grixti,
12/3:4; (Defendant waived claim of
infirmities in prior convictions when he pled
guilty to 3rd-offense PFMA, postconviction
claim also barred by failure to appeal
sentence, claim nonjurisdictional under
Pena)
Slavin, 12/17:5
Plea
withdrawal: (heightened federal standard for
voluntariness adopted, risk of sex offender
treatment as part of sex-related burglary
guilty plea, Zoloft, not reasons for
withdrawal) Lone
Elk,
3/19:2; (doubt whether Defendant
understood that sexual assault lesser-included
of sexual assault with bodily injury only a
misdemeanor, should be allowed to withdraw
guilty plea) Rave,
4/9:2; (avoidance of 3 life sentences
adequate consideration for plea bargain in
which Defendant waived right to appeal,
counsel not ineffective in advising agreement)
Lout,
4/23:3; (voluntariness standard clarified,
failure to specifically inquire as to
satisfaction with counsel not cause for
withdrawal) Warclub,
7/16:2; (Defendant fully advised of rights
at plea appearance, not induced/coerced by
Clerk's comment although court officers should
not give legal advice/opinions, informed of
federal firearms consequence of PFMA
conviction although judges not required to
inform of collateral consequences, not
rendered unfit by medication) Duffy,
9/24:4; Muhammad,
10/1:4; (denied) Favi,
12/3:4
Postconviction
relief: (petition challenging prison sentence
of youth untimely) Camarillo,
2/26:4; (untimely) Daniels,
6/4:5; (petition alleging ineffective
assistance properly denied without evidentiary
hearing) Ford,
6/25:2; (judge's failure to consult
parties before answering jury queries should
have been raised on direct appeal but failure
to raise it not ineffective assistance under
1995 law) Woods,
8/6:2; (legality of felony DUI sentence
could have been raised on appeal, barred in
postconviction proceeding)
Osborne,
11/5:3,
12/17:5; (postconviction challenge of 1986
weapon enhancement sentence untimely in DUI
persistent offender challenge) Bingman,
11/5:3; (claims by Defendant who attempted
to kill lover's wife denied) Ice,
11/26:7; (claim barred by failure to
appeal sentence)
Slavin, 12/17:5
Prisoners:
(freedom of religion not denied by denial of
``religious meals'') Cape
v. CCC,
4/16:3
Pro
se: (Judge not obligated to accept pro se
motions from adequately represented
defendants, but having authorized the motion,
should have considered all SVORA issues
raised) Samples,
9/10:5
Prosecutorial
discretion: (2-lb marijuana prosecution of
pre-med student who cooperated on assurance of
no federal prosecution makes no sense under
fundamental fairness/detrimental reliance
test, but not ``inherently unfair'' as to
warrant dismissal) Elliott,
1/29:5; (in dropping misdemeanors) Cameron,
2/19:3
Prosecutorial
misconduct: (claims rejected) Clausell,
2/19:2; (mistrial based on improper comments in closing properly
denied) Novak,
12/3:3
Protective order
violation: Kuipers,
6/25:2
Publicity:
Pittman,
3/26:4; (Victim Witness Specialist's
statements at Justice For All Act meeting not
violative of rules and order governing public
statements, counsel counseled against trying
case in press) US
v. W.R. Grace,
12/10:7
Rape:
(life without parole for 2nd offense not
violative of due process, cruel punishment,
mandatory exception inapplicable) Webb,
2/5:3; Marble,
8/27:3; (sufficient evidence based on
woman's testimony that she was asleep during
sex over Defendant's testimony that she
participated) Shields,
10/22:3
Recantation:
Clark, 12/31:2
Redirect:
(properly reopened) Long,
6/4:4
Resisting
arrest: Grixti,
12/3:4
Res
judicata: (improperly based on pending case) Brown,
3/26:5
Restitution:
(properly imposed on prison/parole earnings) Shreves,
2/5:4; (2003 amendment providing for PO
responsibility for restitution schedule
properly applied to prior theft, 10%
administration fee/surcharges properly
assessed) Denham,
2/19:4; (restitution including joint &
several properly imposed under 2003
amendments) Workman,
2/19:4; (improperly imposed without
suspension) Honey,
5/7:2; (properly imposed without jury
having found amount) Field,
7/30:3; (improperly imposed without
documentation of victim's loss under 2001
statute) Hirt,
11/26:7
Revocation:
(single violation sufficient for revocation,
no need to consider remoteness of others, new
conditions improperly imposed) Rudolph,
2/26:4; (reimposed sentence to MSP not
same or lesser than DOC commitment under 1995
law) Tracy,
6/11:3
Robbery:
(circumstantial identity evidence properly
went to jury, no plain error review of claimed
error as to charge) Hill,
9/17:6
Sealed documents: (motion to file
sentencing memorandum under seal fails to comply with Local Rules,
cooperation with authorities insufficient reason to seal)
US v. Brown, 12/17:6
Search & seizure: (probable cause to
search garage for meth lab, but not house) Graham,
1/1:7; (no-knock entry into meth house
pursuant to warrant violated constitutional
rights, magistrate must pre-approve no-knock
entry) Anyan,
1/8:4; (mother had
authority to consent to police breaking down
door of ``trespasser'' son's bedroom) Gilmore,
1/15:2; (``knock & talk'' search of
motel room including container in purse
exceeded permission to look for artwork from
art store thefts) Whitehorn,
1/29:4; (warrant indicated pickup and
house but only authorized pickup, no
good-faith exception, drug evidence from house
suppressed) Robinson,
3/12:5; (postal inspector had reasonable
suspicion to detain package, subject it to dog
sniff, search warrant entry properly made
under futility exception to ``knock &
announce'' rule) Ochadeleus,
4/16:3; (driver stopped for speeding found
to have consented to search of car) Shaw,
6/11:4; (unknown pills, later determined
to be illegal, properly seized in contraband
search) Wetzel,
6/18:1; (``trash dive'' of suspected meth
lab operator not violative of privacy
expectations, restraints imposed on garbage
can searches) State
v. A Blue in Color 1993 Chevrolet Pickup,
7/23:2; (marijuana odor and admission that
someone had recently smoked in truck
sufficient for warrantless seizure, probable
cause for search warrant) Pierce,
7/30:2; Clifford,
9/10:4
Sentence review:
(supervisory control denied) Langton,
Haynes, 9/24:4, 5
Sentencing: (Defendant not sentenced more harshly for failing to admit
guilt) Burkhart,
1/1:6; (sex offender conditions proper on
suspended sentence for failure to register, other conditions not related
or not in oral pronouncement) Malloy,
1/8:6; (remanded for
reconsideration by Simonton of connection between restitution and offenses
and amendment to reflect accountability as basis for assault with weapon) McDanold,
1/15:3; (6th Amendment requires juries, not judges, to find facts
relevant to sentencing, Guidelines advisory, not mandatory) Booker,
1/15:6; (prison v. DPHHS) Pittman,
3/26:4; (qualified immunity) San
Jose Chapter of Hells Angels Motorcycle Club v. San Jose,
4/9:6; (challenge of vehicle forfeiture waived in plea agreement) Herman,
4/30:4; (hunting/fishing privileges properly suspended) Ruiz,
5/14:4; (Lane oral/written sentence challenge rejected) Wiedrich,
5/21:4; (3rd child sexual assault sentence not breach of plea
agreement) Rardon,
6/4:3; (credit should be given for time in detention on other
concurrent sentences) Tracy,
6/11:3; (PSI report of prior police contacts properly considered,
placement properly required outside of Butte-Silver Bow area) Dunfee,
6/11:3; (no self-incrimination by requiring sex offender treatment and
admission of guilt by Defendant who pled guilty) Van
Haele, 6/18:3;
(Defendant improperly banished from county) Weinberger,
7/9:2; (video appearance by prosecutor denied) Nealy,
7/9:4; (remanded for re-calculation of jail credit on separate
sentences in light of unclear record on bond revocation for first charge,
despite failure to object, support improperly ordered in lieu of
restitution/costs for possession/lab offenses) Erickson,
10/8:1; (cruel/unusual) Wardell,
10/22:3; (State may raise jurisdiction (failure to object to sentence)
first time on appeal, although not condoned, legality of felony DUI
sentence could have been raised on appeal, barred in postconviction
proceeding)
Osborne,
11/5:3, (petition for rehearing of postconviction denial citing
subsequent US Supreme Court opinion on jurisdictional limits denied)
12/17:5; (postconviction challenge of 1986 weapon enhancement sentence
untimely in DUI persistent offender challenge) Bingman,
11/5:3; (Judge had jurisdiction over Defendant's motion for permission
from Judge to drive even if condition considered in excess of authority,
but State failed to file alleged illegal sentence appeal within 14 days of
original judgment, untimely, dismissed) Bowser,
11/12:3; (due process rights not violated in changing sentence from
DOC to MSP following successful appeal) Heath,
11/12:4; (jail time properly imposed pursuant to deferred prosecution
agreement) Dreidlein,
11/12:5; (restitution improperly imposed without documentation of
victim's loss under 2001 statute, reimbursement for appointed counsel
improperly ordered based on possible future resources) Hirt,
11/26:7; (claim nonjurisdictional under Pena)
Slavin, 12/17:5; (no
support for claim of vindictive sentence recommendation)
Henderson, 12/31:3
Sexual assault:
(misdemeanor assault not lesser included as charged) Cameron,
2/19:3; (admissions voluntary) McCollom,
3/19:1; (30 years prison reasonable & just for drug crimes post-Booker,
not Guidelines calculation of life) Hoskins,
5/7:5; (also SWIC/incest, expert testimony on girls' credibility
properly excluded, therapist of one girl properly allowed to testify,
severance properly denied) Riggs,
5/21:3; (mental illnesses did not render defendant unable to conform
to law, revocation properly specified DOC rather than DPHHS) Burke,
10/22:4; (not violation of due process for State to recommend longer
sentence than Defendant rejected in negotiations) Killam,
10/22:5; (plain error review of unanimity instruction declined)
Clark, 12/31:2
Sexual/violent
offender registration: (judge not required to notify of duty to register) White
Bear, 1/29:1;
(Defendant who was required to register while a juvenile in Washington
required to register in Montana) Villanueva,
8/13:2; (persistent offender enhancement based on underlying offense
and failure to register not double jeopardy, sentence not cruel/unusual) Wardell,
10/22:3
Speedy trial: (speedy trial claim
properly denied, incarceration on federal charges negates prejudice)
Bowser, 11/12:3
Statutory
rape/sexual assault: Novak,
12/3:3
Tampering/fabricating evidence: Clifford,
9/10:4; Henderson,
12/31:3
Theft by deception:
(sufficient evidence that former ranch hand obtained money from elderly
woman under guise of back wages) Dahl,
1/29:1; Kuipers,
6/25:2; (by deception, sufficient evidence that hotel manager
manipulated billings and deposits... no Brady violation in relation
to financial documents, jury properly instructed) Field,
7/30:3; (burglary acquittal did not establish that Defendant not
guilty of entry into and actual taking from store, sufficient evidence of
actual taking) Kelley,
8/20:4
Threats in official matters: Clifford,
9/10:4
Traffic stop:
(particularized suspicion by switch of drivers, racial profiling not
found) State v. Britt,
4/30:4
Trespass, criminal:
(instructions correctly stated elements... store manager did not need
written authority from owner to ask person to leave... statute not
vague/overbroad) Allum,
6/18:2
Trial in absentia:
(properly held after Defendant voluntarily absent with unverified claimed
medical condition) Clark,
7/9:2
Untimely motion for
extension to file brief: (supervisory control denied) Pinocci,
2/26:5
Youth: (13-year-old
alleged killer properly transferred to district court) Whiteman,
2/5:3; (postconviction petition challenging prison sentence of youth
untimely) Camarillo,
2/26:4
Witness credibility:
(instruction) Marble,
8/27:3
Developmentally
Disabled
Community v.
institution: TSD,
2/26:3
Medical records
access: (supervisory control denied in right to know/free speech challenge
of denial of decedent's medical records) Montana
Advocacy Program v. Larson,
5/28:1
Discrimination
Age: Tucker
v. Roseburg Forest Products,
7/23:6; 10/1:8; Owen
v. On The Fly, 10/1:8;
Weber v. VA, 12/24:6
Disability: (Elks Club janitor
with AIDS, failure to hire as bartender but not as general manager) Billings
v. BPOE 456, 12/3:7
Health benefits:
(policy of denying health benefits to unmarried same-sex couples while
granting benefits to unmarried opposite-sex couples violative of equal
protection) Snetsinger v.
Montana University System,
1/1:4
Political: Kinnick
v. Park Co., 7/23:6
Race: (Indian
cleaning service employee improperly banned from courthouse, not
unreasonably subsequently charged with crime, did not reasonably fear for
safety, awarded $680 wages, $15,000 for emotional distress) Has
The Pipe v. Park Co.,
1/22:5; 5/14:8
Retaliation: (claims by church
employees alleging adverse actions by pastor after discovery of his access
to pornographic web sites rejected) Wilson
v. Catholic Diocese of Great Falls-Billings,
9/3:7
Sex: (plaintiff
failed to establish employment relationship with successor owner of hotel)
Hanson v. Dix (Roosevelt
Hotel), 2/5:2; (offer
of motel maid job conditioned on prostitution, $35,000 emotional distress
award reinstated) Schmidt v.
Cook (Triple Crown Inn),
3/12:1; (quid pro quo harassment by insurance agent who made continued
employment contingent on agreement to resume affair and leave husband) Williams
v. Lowther Ins. Agency,
3/19:8; (retaliation claims properly dismissed on summary judgment,
new trial following discrimination defense verdict properly denied, costs
properly awarded to Defendant) Rolison
v. Bozeman Deaconess Health Services, 4/23:1;
(cocktail waitress work environment ``hostile''/``abusive,'' continued to
within 180-day statute, lost wages not reduced for failure to mitigate,
$75,000 emotional distress award properly reinstated from HRC's reduction
to $40,000, husband not de facto owner of bar) Benjamin
v. Anderson, 5/21:1;
(quid pro quo harassment by insurance agent who made continued employment
contingent on agreement to resume affair and leave husband) Williams
v. Lowther Ins. Agency,
6/18:6; (pregnancy) Wirtz
v. Western Wireless,
10/1:8; (payment of on-call compensation to police captains and
undersheriff gender-neutral, no retaliation in discipline/discharge of 911
supervisor) Lasky v. BSB Co.
Sheriff's Office, 12/3:8
Statute of
limitations: (fact issues on ADA/MHRA claims as to when notice of
termination given, equitable tolling/estopple as to statute of limitations
defense) Foster v. UPS,
7/2:6
Elections
Ballot initiatives:
(county distribution requirement violative of equal protection) MontPIRG
v. Montana, 4/9:5;
(no tolling/equitable estoppel of petition filing deadlines, dismissal of
challenge of adverse opinion as to area of electors affirmed) Let
The People Vote v. Flathead Co. Commissioners,
9/17:4
Overvotes:
(improperly counted in HD 12 election, attorney fees for Plaintiff, full
opinion following previous order) Big
Spring v. Jore, 3/26:2
Employees
Competition: (deposit ordered
pending resolution of suit by court services company against competing
former employees) Mountain
Peaks Inc. v. Pohle,
12/10:5
Covenant not to
compete: (employer/ employee relationship, unreasonable) Montana
Mountain Products v. Curl,
4/30:1
Employment contract:
(Losing hockey coach fired without cause, but damages limited to 1 year
salary/bonus, not 5 years as awarded in bench judgment) Cole
v. Valley Ice Garden,
2/12:1; (surgical assistant entitled to 20% of amount billed (as
opposed to amount collected) by neurosurgeons)
Wage Claim of Ramsay,
12/17:2; (fact issues as to contract termination language)
Bradley v. Crow Tribe of
Indians, 12/17:2
ERISA: (plaintiff
with MS entitled to long-term ``any occupation'' disability benefits,
attorney fees awarded for breach of fiduciary duty, 4-years prejudgment
interest due to bad faith, de novo review warranted by conflict of
interest by dual-role defendant) Davis-King
v. Continental Casualty,
1/8:7; ($360,600 attorney fees following $1,352,250 bench judgment,
contingency not assessable against Plan, trustee appointed) Raines
v. Donaldson Bros. Ready Mix,
4/9:4
FLSA: (fact issues precluded
summary judgment) Boston v.
Bitterroot International Systems,
9/3:2
Incentive bonus:
(parties allowed to brief legal issue of statute of limitations in refusal
to pay incentive bonus in supervisory control petition) Energy
West v. Sandefur, 7/9:1
Severance agreement: (waived by
refusal to sign, filing of discrimination claim) Patterson
v. Verizon Wireless,
11/5:2
Wages: (claimant may
seek redress in administrative proceedings or district court, not both) Von
Petersdorff v. Kenyon Noble Lumber,
1/1:5; (independent contractor status properly determined based on
more than IC certificate)
Wage Claim of Ramsay, 12/17:2; (employer properly paid only 95% of
personal time per agreement)
McConkey v. Flathead Electric Co-op, 12/24:2
Environment
Air quality permit:
(party challenging air quality permit has burden in contested case, Board
failed to apply correct standards, DEQ inappropriately deferred to federal
land managers as to visibility impacts of proposed coal power plant)
MEIC v. DEQ, 4/23:2
CERCLA: ($54,527,081 award to EPA
for Libby asbestos cleanup affirmed, action properly characterized as
``removal'' rather than ``remedial'') US
v. W.R. Grace, 12/10:6
Clean/healthful environment: (issues set
for argument) Superior v.
ASARCO, 12/17:4
Jimtown Vegetation Project:
(approved) Native Ecosystems
Council v. FS, 11/12:6
Lolo Post Burn Project: (remanded for new
EIS) Ecology Center v. FS,
12/17:8
Evidence,
Civil
DNA sample: (privacy
right of prisoner not violated by having to submit DNA sample) Johnson,
3/5:4
Exemplars: (reliability of
exemplar testing to be decided at trial) Farmers
Union Mutual Ins. v. Brass Craft Mfg.,
8/27:4
Experts: (wood
expert properly precluded from testifying as to other subflooring
``squeaking'' incidents, late disclosure of fact witness as expert not
improper) Tripp v. Jeld-Wen,
5/14:1; (disclosure deadlines extended due to Court's failure to send
scheduling order to Defendant... Plaintiffs' expert reports to be
returned, not disclosed, counsel should inquire if it appears Court has
not followed through on such things) McCluskey
v. Allstate Ins., 8/6:5;
(part of Plaintiff's expert's 2nd disclosure permissible rebuttal, part
impermissible supplementation) Farmers
Union Mutual Ins. v. Brass Craft Mfg.,
8/27:4; ($1,500 sanction but no dismissal for Plaintiff's untimely expert
disclosure, expert limited to disclosed opinions) Heaton v. Worksman
Trading Corp., 10/8:2
Felony conviction: Heaton v. Worksman Trading Corp., 10/8:2
Hearsay: (hearsay objection to statement of
injured person reserved for trial) Heaton
v. Worksman Trading Corp., 10/8:2
Settlement: (third-party settlement amount properly allowed to show
bias) Tripp v. Jeld-Wen,
5/14:1; (evidence indicating offer of
compromise properly excluded) Thiel's Welding v. Vermeer Sales &
Service Montana, 9/3:2
Evidence,
Criminal
Admissions:
(voluntary) McCollom,
3/19:1; (lay witness testifying to Defendant's confession
distinguished from law enforcement testimony) McGarvey,
12/10:4
Custody chain: (proper custody
chain of baggies shipped by UPS) Bowser,
11/12:3
Evidence: (handwriting expert
properly allowed to testify without Daubert hearing, law professor
critic of handwriting evidence properly excluded, ``reverse'' 404(b)
evidence for pointing to another as perpetrator properly limited under Just)
Clifford,
9/10:4; (fireman properly allowed in this case to testify as lay
witness to pour patterns)
Henderson, 12/31:3
Electronic
eavesdropping: (supervisory control denied) Ibarra-Salas,
2/26:5
Hearsay: (excited
utterance) Cameron,
2/19:3
Photos: (stab
wounds) Kearney,
7/16:3
Res gestae/transaction:
Baker,
1/8:5; ``reverse'' 404(b) evidence: (for pointing to another as
perpetrator, properly limited under Just) Clifford,
9/10:4; Victim's prior crimes/acts: (evidence of wife's prior PFMA
arrest properly excluded under Rule 403 in case against husband) Grixti,
12/3:4
Family
Law
Assets declaration:
(inadequate evidence of perjury in assets declaration to warrant discovery
in separate action to set aside decree) Polson,
7/30:2
Attorney fees: (properly awarded without hearing or Swenson
factors) Olson, 3/12:2
Custody: (father properly awarded custody
where both parents intolerant &
inflexible) Epperson,
3/5:3; (custody
properly awarded to wife based on evidence of
abuse by husband) Bock, 3/5:3;
(father properly designated primary custodian
after mother concealed birth, denied
paternity, excluded father) SH
v. TME,
4/30:3; (insufficient findings for denial
of parenting plan modification) Olson,
5/14:2; (grandparents did not follow
statutory requirements for custody, lack
standing) Parenting
of DH,
5/28:2; (findings/conclusions required for
amendment of parenting plan) Lawrence,
6/4:3; (1999 non-parent custody
legislation unconstitutional facially and as
applied to grandparents' petition) Miniear,
7/30:4
False
testimony: (alleged false testimony in divorce
proceeding that husband did not own real
estate would constitute perjury/intrinsic
fraud, not extrinsic fraud, independent fraud
claim properly dismissed) Castonguay,
10/29:4; (rehearing denied as to
affirmation of Judge McNeil's rejection of
claimed perjury in assets declaration, judge
allowed discretion in ``discovering'' perjury)
Polson,
10/29:5
Grandparent
visitation: Polasek,
7/16:2
Maintenance: (property in lieu of support) Epperson,
3/5:3; (maintenance agreement not
unconscionable by wife's cohabitation) Olson,
3/12:2; (maintenance and property
distribution properly considered in tandem,
§179 deduction properly spread over life of
vehicle for determining husband's business
income) Payer,
4/16:2
Parental
rights: (termination proper despite false
parental sex abuse diagnosis) DB,
6/4:2; (abandonment) TH,
10/1:3; (discovery denials remedied by
access to DPHHS/CA files,
adjudicatory/dispositional bifurcation error
remedied) SC,
10/1:3; (§41-3-423(2)(a) ``aggravated
circumstances'' not void for vagueness,
sufficient evidence of emotional neglect to
support termination, DPHHS admonished against
``shotgun'' notice, but affidavit &
petition provided adequate notice) Parental
Rights of DS,
11/12:2; Paternity: (third-party's
DNA-determined paternity recognized as in best
interest of child conceived during affair) KP,
12/10:4
Property: (home/businesses properly valued,
estate properly distributed) Collins,
1/8:3; (``irrevocable'' family trust properly
terminated and assets distributed) Epperson,
3/5:3; (PERS and ``loan'' properly
distributed) Bock,
3/5:3;
(account/beneficiary transfers during short
marriage were gifts, not included in estate) Vander
Vos, 4/2:3;
(settlement agreement does not override
federal preemption against VA disability as
marital property) Lutes,
10/1:2; (assets of long-term marriage with
preacquired/inherited assets properly
valued/divided, conflicting credit card debt
origin claims properly resolved, maintenance
properly awarded, no abuse in adopting most of
wife's proposed findings)
Crilly, 12/24:3
Protection order: (made permanent) Bock,
3/5:3
Separate
action to set aside decree: Polson,
7/30:2
Support: (greater share of assets in lieu
of maintenance) Epperson, 3/5:3;
(no findings for support award) Noble,
5/14:2
Federal
Government
Veterans affairs:
(summary Review Board improperly considered matters not disclosed in
notice to VA doctor, no ADEA remedy for discharge) Weber
v. VA, 4/16:6
Indians
Jurisdiction:
(student truck driver's appeal of negligence/spoliation jurisdiction
claims to be heard en banc following panel reversal of Erickson) Smith
v. Salish Kootenai College,
5/21:6; (not ``plain'' that Tribal Court lacks jurisdiction of
insurance bad faith claim, must have first opportunity to consider) Progressive
Specialty Ins. v. Burland-Kelly,
8/13:6
NHPA: (BLM violated
NHPA and breached trust obligations by failing to consult with Tribe
before approving Badger Hills APDs/POD, injunction pending consultation) Northern
Cheyenne Tribe v. BLM, 7/23:6
Insurance
Adjuster's liability assessment:
(supervisory control of Irigoin denied on admissibility of adjuster's
preliminary and retracted liability assessment as to advance payments) Burckhard
v. Irigoin, 9/17:2
Bad faith:
(supervisory control of Krueger denied in denial of motion to dismiss
claims against insurer and adjuster assertedly outside of UTPA) Rask
v. Allstate Ins., 2/5:1;
(prior refusal to stack UIM in Montana admissible in UTPA suit, identity
of insureds who have been denied UIM not barred by privacy, but
medical/financial records not discoverable, ``coverage opinions'' could
invade attorney-client privilege, ``trade secrets'' stipulation, rulings,
attorney fees granted for first motion to compel, denied for second, new
local rule requires certification of cooperation attempt) Sherrill
v. Progressive Northwest Ins.,
3/12:2; (summary judgment precluded by fact issues as to whether
insurer reasonably relied on ND law that was contrary to Montana law,
complied with contractual obligations, violated UTPA) Wamsley
v. Nodak Mutual Ins.,
4/9:3; (third-party fees/costs as element of UTPA damages, certified
question by Erickson accepted, but may not be answered because UTPA case
settled) Johnson v. GEICO,
4/23:2; (legal malpractice insurer had reasonable basis pre-Watkins
Trust to deny claim of non-party third-party conservatorship
beneficiary) Redies v. ALPS,
5/28:4; (Plaintiff not allowed to amend to bring bad faith claim
against insurer after settling with tortfeasor, must file separate action)
Kern v. Progressive Specialty
Ins., 6/11:4
Choice of law:
(Montana law applies to accident in Montana where UIM policy territory is
USA) Waters v. USAA,
6/18:3
COLA: (claim for failure to pay
disability COLA benefits time-barred) Rodgers
v. MONY Life Ins.,
11/26:2
Coverage: (gas
station lessee's reconstructed missing policy supports only loss payee
status of station owner in remediation subrogation suit, owner's insurer
not informed of remediation, claim barred by ``no action'' clause,
attorney fees as sanctions for untimely disclosure of missing policy
information) MPTRCB v.
Capitol Indemnity,
1/29:2; (pollution exclusion bars coverage for contamination from
intentional dumping of hazardous wastes into landfill, ``sudden &
accidental'' exception contains temporal element, burden on insured to
prove disposal into neighbors' groundwater ``sudden & accidental''
(first impression), initial disposal, not migration and resulting damages,
must be ``sudden & accidental'' to fall within exclusion exception,
insurer had no duty to defend against third-party cleanup claims, insurer
may recoup defense costs for claims that were ultimately barred... insurer
liable for fees for opposing drafting history request) Travelers
Casualty & Surety v. Ribi Immunochem Research,
3/5:1; (hail storm basement damage precluded by ``surface water''
exclusion, ``sequential exclusion'' clause in homeowner policy) Johnson
v. Safeco Ins., 4/2:6;
(stipulated judgment for roofer's severe head injury, policy limits from
business policy, policy limits of excess insurer, excess judgment,
prejudgment interest, attorney fees based on hours, not contingency) Security
National Ins. v. Wink,
4/16:5; 4/23:6;
(no coverage for alleged failure to fund profit sharing plan, no indemnity
for $97 million settlement plus $17 million defense costs plus interest) Travelers
Casualty & Surety v. Wausau Underwriters Ins.,
5/7:4; (no duty to defend against tenants' claims stemming from
refusal to return deposit) The
Apartment Store v. Mount Vernon Fire Ins.,
5/21:6; (title insurance, installation of utilities not covered) Belvin
v. Rocky Mountain Timberlands,
7/2:3; (issuance of short-term medical policies does not constitute
``renewal'' within statutory waiver of preexisting condition exclusion,
menometrorrhagia not within grant of coverage and barred by preexisting
condition exclusion, diagnoses of PA and reviewing physician amount to
``medical treatment or advice from a Physician'') Davidson
v. Fortis Ins., 7/16:6;
(``each Person'' UIM applies to wrongful death/survivor claims, first
impression) State Farm Mutual
Auto Ins. v. Bowen,
8/13:5; (snowmobiles on trailer properly excluded from vehicle
liability insurance by transported property exclusion, no conflict with
mandatory liability insurance (first impression), insurer had no duty to
defend, not estopped by intervening) Grimsrud
v. Hagel, 8/20:1;
(no liability coverage for unlicensed driver regardless of whether
household resident) Shaw v.
Etchison, 9/3:1;
(Form B endorsement provided coverage to additional-insured general
contractor for named-insured subcontractor's negligence in selecting wrong
paint that resulted in repainting of water plant, exclusions for
named-insured not applicable to additional-insured, excess insurance
provision inapplicable) Swank
Enterprises v. All Purposes Services,
9/3:3; (dishonesty consequential/direct losses, certified question by
Haddon accepted) Frontline
Processing v. American Economy Ins.,
10/15:1; (injuries sustained when tow truck jackknifed excluded from
coverage under homeowner policy exclusion for injuries ``arising out of
use'' of vehicle, alleged negligent loading of vehicle onto trailer not
independent of use of vehicle) Allstate
Ins. v. Richards, 11/5:4;
(ruling on umbrella insurer's indemnity obligations premature in light of
unresolved personal liability issue in underlying suit, remanded for
resolution of duty to defend)
Skinner v. Allstate Ins., 12/24:1; (no coverage under ``bodily
injury'' policy for emotional/psychological injuries from witnessing
son/brother's auto/pedestrian accident/injury, no reasonable expectation
by insured of such coverage)
Allstate Ins. v. Wagner-Ellsworth, 12/24:5
Excess insurance:
(summary judgment dismissal denied on claim that environmental remediation
costs may exceed excess insurer's $6 million threshold) American
Stores v. Commercial Union Ins.,
5/7:3
Fraud: (self-insurer/adjusters
immune from liability in connection with fraud claims prosecuted by
Insurance Commissioner) Sherner
v. National Loss Contgrol Services,
11/26:1
Jurisdiction: (no
jurisdiction over Mississippi insurer, Montana accident, part-time Montana
residents) Carter v.
Mississippi Farm Bureau Casualty Ins.,
3/26:1
Med-pay:
(non-duplication of medical payments under med-pay/UM provisions valid) Bair
v. Allstate, 5/7:2
Misrepresentations:
(fact issues as to auto credit life application misrepresentations
precluded summary judgment, ``filed rate doctrine'' inapplicable,
post-denial medical records properly admitted, jury improperly instructed
on objective test for ``good health'' certification, sufficient evidence
to submit fraud/bad faith claims to jury, bad faith claim may be submitted
on retrial, Plaintiff's bankruptcy properly excluded, defense verdict
reversed, remanded for new trial) Williams
v. Union Fidelity Life Ins.,
9/17:1; (opinion withdrawn, to be replaced, standard for subjective
knowledge of application statements clarified, petition for rehearing
granted, denied) 10/29:1;
(replacement opinion) 11/5:1
Occurrence v.
discovery: (commercial policy in effect at time of ``occurrence'' (not
discovery) of damages applicable) Swank
Enterprises v. All Purpose Services,
9/3:3
Reservation of
rights: (insurer estopped from denying defense/indemnity because
reservation of rights letter inadequate, insured entitled to independent
counsel at insurer's expense based on conflict of interest created by
reservation of rights letter) Safeco
Ins. v. Liss, 4/2:2
Stacking: (Hardy
retroactive to stacking cases pending on direct review or not yet final,
clarified retroactivity rule adopted, certified question) Dempsey
v. Allstate Ins., 1/1:1
Tender rejection: (insurer that
rejected tender liable for $250,000 settlement plus defense costs) Swank
Enterprises v. All Purpose Services,
9/3:3
UM: (passenger's UM
insurer obligated to compensate for any damages above vehicle owner's
``primary'' $1 million UM policy limit regardless of settlement with
owner's insurer, UTPA claim hinge on whether damages actually exceeded $1
million and insurer's basis for contesting amount, UM cannot be offset by
comp, claimant entitled to attorney fees if it is determined that her
insurer breached duty to indemnify) VanVallis
v. Progressive Northwestern Ins.,
10/1:4; (UM class action settlement members allowed to reopen wrongful
death/survivor claims) Hern
v. Safeco Ins., 12/3:1
UIM: (Claimant not
entitled to attorney fees in UIM ``value'' case) Rand
v. State Farm Mutual Auto Ins.,
6/11:4; (choice of law, ND actual place of performance of policies,
Plaintiffs not entitled to UIM under ND law) Kilmer
v. State Farm Mutual Auto Ins.,
8/6:4; (policy applicable to rental vehicle, not operator, under
policy terms, default judgment against driver less than vehicle coverage
limits, no recovery against vehicle policy) Mecca
v. Farmers Ins.,
10/29:1
Venue: (appeal of order denying
change of venue based on policy venue language not interlocutory) The
Doctors' Company v. Finney,
9/17:3
Local
Government
Irrigation
districts: (petitions for exclusion) Petitioners
1-549 v. Missoula Irrigation Dist.,
4/23:2
Smoking ordinances:
(HB 758 (exempting casinos from smoking ordinances) not a prohibition of
self-governing powers, does not preempt ordinances, no private AG fees (HB
758 ineffectual, not unconstitutional) American
Cancer Society v. State.,1/1:3
Zoning: (amendments
allowing shopping mall properly adopted) North
93 Neighbors v. Flathead Co. Commissioners,
3/12:4; (DOR ``mailing address'' bar/school proximity rule
inconsistent with statutory ``entrances'' measurement, DOR could not
permit bar/casino, City's requirement for conditional use permit did not
deprive owner of property rights, City not estopped from relying on
statutory proximity measurements, §1988 fees to Council members) Germann
v. Stephens, 5/21:4
Mental
Commitment
Alternatives:
DS, 6/18:1
Imminent threat:
(insufficient evidence of imminent threat of injury based on sound of
gunshot, living conditions) CRC,
1/1:5; (suicide ideation) DS,
6/18:1
Overt act:
(supervisory control denied) AK,
6/4:2
Minerals
I-137 cyanide
prohibition: (taking/contract impairment/lease termination challenges
rejected) Seven Up Pete
Venture v. State, 6/11:2
Patents
Castration device: (defense
verdict reversed) Callicrate
v. Wadsworth Mfg.,
11/12:6
Property
Adverse possession:
(claim defeated by failure to pay taxes on disputed property) Fergus
Co. School Dist. v. Wells-Norlin,
2/26:2
Boundary: (Plaintiff owns to
river low-water line since boundary defined by meander line and deeds/plat
do not indicate contrary intent, Plaintiff not properly served by
publication, not bound by prior quiet title decree)
Andersen v. McCollum,
12/17:1
Community access: (private dock
violative of community access agreement, injunction/removal properly
ordered) Cravath v.
Ellingson, 11/26:4
Competency: (wife
with mild Alzheimer's competent when she and husband executed
deeds/titles) Stave
(Conservator of Lenora Rutledge) v. Estate of Arvid Rutledge, 12/31:1
Covenants: (not
modified in writing to transfer lake-use rights from one location to
another, no equitable estoppel under statute of frauds) Hanson
v. Water Ski Mania Estates,
3/5:2; (amendment to covenants barring short-term rentals improperly
adopted) Point Service v.
Myers, 12/31:1
Easement:
(permissive based on neighborly accommodation, not prescriptive) Tomlin
Enterprises v. Althoff,
1/1:4; (public prescriptive easement established over segment that
begins and ends on servient tenement) Public
Lands Access Association v. Jones,
1/8:1; (prescriptive, road) Combs-DeMaio
Living Trust v. Kilby Butte Colony,
3/26:2; (preliminary injunction preventing blocking access easement
pending trial) Koelzer v.
Frankewich, 8/27:4;
(road, not granted by deeds or covenants) Erickson
v. Knight, 9/10:2;
(law of easements appurtenant) Leichtfuss
v. Dabney, 11/5:1
Partition: (unrequested ``no
build'' zones properly imposed as equitable relief) Kellogg
v. Dearborn Information Services LLC (Campbells),
8/6:1
Quiet title: (action
not time barred since Plaintiff seized of property within 5 years of suit,
estimated size of tract in tax records not dispositive as to boundary,
adverse possession claim defeated by failure to pay taxes on disputed
property) Fergus Co. School
Dist. v. Wells-Norlin,
2/26:2; (Plaintiff not properly served by publication, not bound by
prior quiet title decree)
Andersen v. McCollum, 12/17:1
Real estate:
(non-party S corporation not entitled to lost profits from Plaintiff's
retained earnest money) Gullett
v. Van Dyke, 4/30:2;
(whether buyer agent may represent competing buyers, certified question by
Molloy accepted) Zuazua v.
Tibbles (Coldwell Banker Gateway Realty),
11/12:2
Redemption: (no
standing) Cox v. Rocky
Mountain Bank of Plains,
1/15:1
Road: (not ``public
highway'') Dorn v. BNSF,
2/12:4
Time share: (no individual
liability for loss of investment in unit) Arnett
v. Marina Cay Resort Villas,
12/3:2
Railroads
FELA: (venue
properly transferred from Cascade Co. to Dawson or Yellowstone under
§25-2-122(2)) Rule v. BNSF,
1/29:1
Mismanagement: (statutory
mismanagement cause established by law of case from prior appeal, claim
not based on CBA, not preempted by RLA, ERISA preemption defense untimely)
Winslow v. MRL,
9/10:1
Schools
Public school
funding: (funding issue not nonjusticiable political question, without
legislative definition of ``quality'' education Court cannot conclude that
current system is designed to provide ``quality'' education but whatever
definition devised current system not constitutionally sufficient, finding
that State violated Art. X §1(2) by not recognizing Indian cultural
heritage unchallenged, remanded for reconsideration of attorney fees under
private AG doctrine, opinion superseding prior expedited summary
conclusions) Columbia Falls
Elementary School Dist v. State, 3/26:3
Securities
Contract of adhesion: (SEP
agreement with arbitration provision a contract of adhesion, but
reasonable expectations must be analyzed) Zigrang
v. US Bancorp Piper Jaffray,
11/12:1
Fiduciary duty:
(brokers had discretion to buy & sell, creating fiduciary duty,
breached by failure to explain arbitration provision prior to execution of
contract, arbitration clause unenforceable) Willems
v. US Bancorp Piper Jaffray,
2/26:2; Kaufman
Individually and as Trustee of Montana Facial Surgery Pension & Profit
Sharing Plan, 8/13:1
Settlements
Auto: (rear-end,
closed-head) Davis v.
Progressive Casualty Ins.,
5/7:5
Debt collection: Bennett
v. Bay Area Credit Service,
3/26:7
Deputy injured while
trying to subdue suicidal detainee: (knee) Michel
v. Lewis & Clark Co.,
5/7:4
Discrimination: (sex
discrimination/retaliation, LEA supervisor) Hooper
v. Butte-Silver Bow Co.,
1/8:4; (sex discrimination, deputy sheriff) Winburn
v. Big Horn Co. Sheriff's Office,
4/2:8; (race, Indian janitor banned from courthouse) Has
The Pipe v. Park Co.,
5/14:8; (alleged race discrimination/harassment by hotel owner against
Indian birthday party guests) Hunts
Arrow v. Billings Hotel & Convention Center,
7/9:5; (sex discrimination, marital status discrimination,
retaliation, husband & wife teachers) Foster
v. Lodge Grass School Dist.,
7/30:6; (national origin (Cambodian) discrimination/retaliation,
county library aide) Ping Ho
v. Fallon Co., 9/3:8;
(Fair Housing Act accessibility) Steinweden
v. L&M Const.,
9/17:8; (sex, hostile/abusive work environment, cocktail waitress) Benjamin
v. Anderson (Joker's Wild Bar),
11/5:6; (sex discrimination/retaliation, school custodian) Kandle
v. Columbus School Dist.,
11/12:6
FELA: (mid-trial,
cumulative trauma from rough riding truck) Damm
v. BNSF, 9/24:7
Hot-pursuit death: Harris
v. Lincoln Co., 7/23:5
Med-pay stacking: (common fund,
class action, attorney fees) Qualls
v. State Farm Mutual Auto Ins.,
9/3:6
Scaffold: (death) Dukes
v. Missoula, 8/20:2
Dram shop: (multiple
injuries to ophthalmologist) Bellin
v. Montana City Grill & Saloon,
4/23:5
Work comp bad faith:
Bustell v. AIG Claims Service,
5/7:4
Wrongful discharge: (local
government officials) Johnston
v. Butte-Silver Bow,
12/10:8
State
Government
Board of Medical Examiners:
(psychiatrist's license properly revoked for sex with patient, Board's
prerogative to increase penalty from HE's proposal if it reviews complete
record) Munn v. Board of
Medical Examiners,
12/10:1
Board of Outfitters:
(operator sanctioned for using unlicensed guide) Crismore
v. Board of Outfitters,
5/7:1
Game farms:
(constitutional challenges to I-143 rejected) Spoklie
v. Montana, 6/25:6
Medicaid: (reimbursement order
affirmed over therapist's contention of misinformation as to new billing
rules) Kirchner v. DPHHS,
8/20:3; (express trust exists between Hutterite Colony and members,
resources available for benefit of members, remanded for further
fact-finding as to whether Claimants satisfy ``resource test'' for Family
Related Medicaid Program) Fair
Hearing of Hofer,
12/10:2
School trust lands: (no
substantial harm or breach of trust from commingling income with General
Fund) MonTRUST v. Darkenwald,
8/13:1
Teachers'
Retirement: (prohibition against retired local teacher drawing pension
while working full-time at university not violative of equal protection) Farrier
v. Teachers' Retirement Board,
9/24:3
Torts
Alienation of
affections of child: Vieke v.
Heikkinen, 7/23:2
Battery: (defense verdict (no
back/neck damages from punch to jaw) affirmed) Moore
v. Beye, 10/29:3;
(claim rejected) Point
Service v. Myers, 12/31:1
CJIA/privacy:
(claims by teacher for disclosure of unexecuted deferred prosecution
agreement, initial offense report, rejected) Svaldi
v. Anaconda Deer Lodge co., 2/5:1
CPA: (intermediate
standard for awarding fees to prevailing CPA defendants adopted) Tripp
v. Jeld-Wen, 5/14:1
FTCA: (claim barred
by 6-month statute) Bird
Rattler v. US, 4/16:6;
(``prisons'' as used in the 28 USC 2679(b) certification process for
immunity from tort claims against government employees does not include
corporations) Adams v. Thomas
Helicopters, 8/27:6
Illegal search:
(claims following meth acquittal rejected, search claims barred by
collateral estoppel from criminal case, qualified immunity for police
chief who helped execute warrant, application misstatements/omissions
immaterial/insubstantial, not deliberately falsified, probable cause to
search, prosecutorial immunity) Nickel
v. Woods, 4/2:6
Infliction of emotional
distress: (no severe emotional distress)
McConkey v. Flathead
Electric Co-op, 12/24:2
Libel: (critical newspaper
letters/ads by former board member not defamatory)
McConkey v. Flathead
Electric Co-op, 12/24:2
Malicious
prosecution: Nickel v. Woods,
4/2:6
Medical malpractice:
(stay of trial granted to allow young Plaintiff with alleged birth brain
injury to attain appropriate age for testing of cognitive functioning,
bifurcation denied) Bowman v.
Bozeman OB/GYN Associates,
4/16:3; (Medical-Legal Panel must find good cause for extending
120 days for hearing, jurisdiction lost for failure to do so, supervisory
control granted) Casey v.
Mizner, 8/27:1; (res
ipsa instruction properly refused in claim of brachial plexopathy
resulting from clavicle surgery, new trial following defense verdict
denied, certification of res ipsa in med-mal context denied) Cunningham
v. Sobba, 9/24:7;
(information relating to hospital privileges of doctor, even as they
relate to care of decedent, are privileged, not discoverable, product of
outside review companies also privileged)
McCully v. Natelson,
12/31:5
Negligence: (failure
to suspend driver's license) Sikorski
v. Johnson, 5/21:2;
(owner of vehicle not vicariously liable for adult son's negligence as
driver) Dana v. Woodard,
7/9:3; (UM not negligent in collapse of chair under 350-lb arena
patron) Bonilla v. UM,
7/23:1; (no evidence of conduct to support res ipsa negligence claim) Farmers
Union Mutual Ins. v. Brass Craft Mfg.,
8/27:4; (judgment as matter of law proper on ranch chemical exposure
claims for inadequate expert disclosure, consequent inability to establish
causation, lack of duty by rancher to supervise father who accidentally
injected Plaintiff with sheep serum) Nelson
v. Nelson, 10/29:2;
(redacted horse riding waiver properly admitted) McDermott
v. Horse Prairie Ranch,
11/26:3; (City's motion to dismiss deck collapse complaints based on
public duty doctrine, quasi-judicial immunity, denied)
Dupuis v. Diamond Horseshoe,
12/31:5
Negligent
spoliation: (claim against City relating to items not preserved at scene
of fire barred by public duty doctrine) McDermott
v. Billings, 6/25:4
Product liability:
(general contractor who contracted to build home on cost-plus basis and
who purchased materials to be installed by roofing subcontractor not
``seller'' of roofing materials under §27-1-719) Wild
v. Ridgeline Builders,
4/16:4; (Plaintiff may rely on circumstantial evidence ``elimination
of alternative causes'' to prove defect, Defendant's motion for summary
judgment on strict liability, failure to warn, denied) Farmers
Union Mutual Ins. v. Brass Craft Mfg.,
8/27:4; (pre-trial rulings in strict liability suit against propane
heater manufacturer in CO deaths of campers, summary judgment denied on
failure to warn although causation weak, summary judgment denied on
alternative design (oxygen depletion sensor), summary judgment dismissal
of alleged control knob defect, summary judgment on punitives denied at
this time, motion may be renewed at trial following evidentiary rulings as
to other heaters, misuse/assumption of risk defenses rejected, spoliation
claim based on missing documents denied, expert may rely on testing done
for different case, with heaters since destroyed, in rendering opinion,
other evidentiary rulings) Neether
v. Coleman, 10/1:5;
(pretrial rulings in adult tricycle tipover case with mentally
incapacitated adult, spoliation issues on both sides reserved for trial,
$1,500 sanction but no dismissal for Plaintiff's untimely expert
disclosure, expert limited to disclosed opinions as to turn limiter
defect, summary judgment as to prima facie causation precluded by fact
issues, circumstantial evidence, hearsay objection to statement of injured
person reserved for trial, bicycle helmet defense precluded, more
information required on brother's felony conviction, midtrial settlement) Heaton
v. Worksman Trading Corp.,
10/8:2
Radiological exposure:
(Plaintiffs allegedly exposed to Cesium on drilling rig limited to Public
Liability Action claim, strict liability cause dismissed, no jurisdiction
over PLA/emotional distress/medical monitoring claims absent demonstrable
present bodily injury (sub-cellular damage/cancer fear insufficient))
Dumontier v. Schlumberger Technology, 10/29:5
Religious
infringement: Vieke v.
Heikkinen, 7/23:2
Scaffold: (Montana Scaffold Act
imposed only on contractors/builders, not cities, whether City had duty or
violated duty under Act moot) Dukes
v. Missoula, 8/20:2
Tortious
interference with contract: Hardy
v. Vision Service Plan,
9/24:1
UHCIA: (disclosure
of confidential health care information by doctor to defense lawyer) Bray
v. Diggs, 6/25:2
Unlawful detainer:
(tenants, trebling) Graveyard
Ranch v. Bell, 7/16:1
Waiver: (redacted horse riding
waiver properly admitted) McDermott
v. Horse Prairie Ranch,
11/26:3
Wrongful death:
(claims against county in relation to walk-away death of voluntary Warm
Springs inmate barred by public duty doctrine) Eves
(for Bear Don't Walk) v. ADLC,
6/25:1; (Supreme Court would likely hold that fetus born alive has
right to wrongful death recovery regardless of viability) Robinson
v. Bagnell, 12/10:5
Wrongful discharge:
(fact issues as to intolerableness preclude summary judgment as to
constructive discharge) Bellanger
v. American Music Co.,
1/8:1; (plaintiff failed to establish employment relationship with successor
owner of hotel) Hanson v. Dix
(Roosevelt Hotel), 2/5:2;
(successful OD claimant judicially estopped from WDA claim) Vogel
v. Intercontinental Truck Body,
5/14:4; (Plaintiff tendered pre-filing offer to arbitrate but failed
to make ``valid offer'' after filing complaint, not entitled to
attorney fees in event he prevails) Losleben
v. State, 9/10:6;
(discharge of self-government municipal department heads subject to WDA
``good cause,'' discharged without good cause, property right in continued
employment, Chief Executive aware of law at time, not entitled to §1983
immunity) Johnston v. Babb,
10/22:6; (auto dealer body shop manager fired for good cause for
``piece of shit'' comment to customer regarding car with sticking doors) Sterrett
v. Tilleman Motor,
11/26:5; (electric co-op GM, good cause for discharge, written
personnel policies not violated)
McConkey v. Flathead
Electric Co-op, 12/24:2
Trademarks
Rangelands
monitoring/management: (summary judgment on rangelands
monitoring/management counterclaims precluded by fact issues as to statute
of limitations accrual/tolling, laches, intentional/willful conduct,
intent to resume use of mark) Rangehands
v. Land EKG, 1/8:7
Registration: (kayaking film
infringements occurred prior to state registration, state claim rejected
in motions hearing bench ruling) Polar
Bear Productions v. Timex,
8/13:6
Trusts
Division: (division
of ranch trust properly denied on summary judgment) Stevens
Revocable Trust, 4/30:3
University
System
Student election
spending caps: (reasonable furtherance of educational opportunities, not
violative of free speech) Flint
v. UM, 4/16:6
Utilities
Telecommunications
Act: (PSC properly rejected provisions of local carrier agreement) Ronan
Telephone v. PSC, 4/16:7
Vehicles
Snowmobile
dealership: (administrative exhaustion not required for district court
jurisdiction over whether franchise existed, pegging ``substantially
reliant'' to 50% of revenues too restrictive for determining whether
franchise existed) Hi-Tech
Motors v. Bombardier Motor,
7/30:1
Verdicts
Airplane logbooks: Murray
v. Talmage, 3/26:6
Alfalfa damage:
(frozen ditch) Burk Ranches v.
Rock Chuck Ranch, 7/9:4
Arrest: (arrest of lawyer
involved in friend's fight with ousted bar patron and arrest, probable
cause, excessive force, back injuries)
Laedeke v. Billings,
12/24:7
Assault: (alleged assault by
rifle shot by deputies entering without knock/announce in response to
prior altercation between Plaintiff and son, directed verdict on §1983
search & seizure) Cassady
v. Yellowstone Co.,
9/10:7
Attorney-client
contingency contract: (payment of liens from wrongful discharge settlement
proceeds) Bell & Marra v.
Sullivan, 2/19:4
Auto: (intersection, admitted liability, acetabulum/DVT/subdural
hematoma) Thomas v. Weyers,
1/8:6; (rear-end auto,
shoulder/cervical/ribs/arm/hand/chronic pain, admitted fault, jury polling
question) Pumphrey v. Empire Lath & Plaster,
1/15:4;
(motorcycle/parked pickup crash, property damage) Brash v. Armstrong,
1/15:4; (head-on cement truck/car, retread tire blowout, 2 deaths)
Martinez
v. Les Schwab Tire Centers of Montana,
2/12:2, 12/17:3; (intersection, soft-tissue shoulder/back/leg) Cunningham
v. Temple, 3/5:6;
(rear-end, admitted liability, neck/back/headaches) Bailey
v. Knutson, 5/21:6;
(intersection, mother and 2 children, teeth/neck) Salmon
v. Pittsley, 5/28:6;
(rear-end truck/auto, back/brain) Hoffman
v. Austin, 6/4:5;
(UIM, admitted liability, neck/shoulder/head) Trotter
v. USAA Casualty Ins.,
6/18:4; (rear-end, admitted negligence, whiplash) Cardin
v. Hegenbarth, 6/18:4;
(intersection auto, low back) Lee
v. Gertzen, 7/9:3;
(C-section/sterilization/pain) Marshall
v. Johnson, 8/13:5;
(rear-end, admitted negligence, soft-tissue neck/headaches) Colvin
v. Buckman, 9/24:7;
(rear-end, admitted negligence, neck/back/shoulder/arm/ankle) Rivas
v. Grosse, 11/5:5;
(passing rollover trucks) Wolff
v. Massa Home Center,
12/3:6; (pedestrian/pickup, pelvis/head/neck/arm) Kelsey
v. Coslet, 12/3:6;
(truck/auto, admitted liability, lungs/ribs/patella)
Oset v. Zentner, 12/17:6
Auto/bicycle:
(head/shoulder) Merrill v.
McCann, 3/19:6
Auto/pedestrian:
(concussion/fractured ankle)
Dobson v. Young,
12/24:6
Automatic doors closing: (grocery
store patron, neck/shoulder) Anderson
v. Albertson's, 9/24:6
Battery: (punch to
jaw, back/neck) Moore v.
Beye, 10/29:3
Bleach water served
to restaurant patron: (admitted negligence, dry mouth/vocal) Fleming
v. MacKenzie River Pizza Co.,
4/2:5
Camera equipment/widlife
films: (ownership following termination of FWP information officer) FWP
v. Pryor, 4/9:4
Coffeemaker:
(product liability, negligence, CPA, fire insurance subrogation) Hartford
Casualty Ins. v. Farmer Bros.,
4/30:5
Concession trailer
door strike on head: (cervical) Hubbard
v. Kapphan (Brian"s Top Notch Concessions), 2/12:3
Contract: (freight
hauling/logistics services) Bitterroot
International Systems v. Western Star Trucks,
6/11:5
CPA: (subflooring
``squeaking'') Tripp v.
Jeld-Wen, 5/14:1
Discrimination:
(sex, defense verdict affirmed) Rolison
v. Bozeman Deaconess Health Services,
4/23:1; (retaliation but no discrimination) Thorsen
v. DLI, 6/11:2
Doctoral
student dismissal: Hite
v. UM,
3/12:4
Drunk hunting
companion struck by truck: (death) Talbott
v. Svejkovsky, 6/25:5
Eminent domain: (land taken by
City for street) K&R
Partnership v. Whitefish,
8/6:3
Fall into hole in
city dock: (fractured hip/toe) Jobe
v. Polson, 7/9:4
Fall into hole in
city dock: (fractured hip/toe) Jobe
v. Polson, 7/9:4
FELA:
(head-on train collision, occipital neuralgia/PTSD,
admitted liability, directed verdict on
medical causation) McKown
v. BNSF,
3/26:6; (fall from locomotive cab,
shoulder/neck/knees, admitted liability) Hohnholt
v. BNSF,
9/3:4; (10% slip & fall on ice in
locomotive, 90% osteoporosis, high-low
agreement) Church
v. BNSF,
9/17:7
FMLA: (new trial
denied following $632,421 judgment for log home salesman... $93,399
attorney fees) Erickson v.
Neville Log Homes (aka Nevilog),
1/29:5
Grandstand damage:
(electric co-op liable for damages to grandstand in windstorm, Act of God
defense rejected) R.A.C.E.
Inc. (Magic City Speedway) v. Yellowstone Valley Electric Co-op,
5/14:6
Horizontal drilling
machine: Woodland &
Associates v. Vemeer Mfg.,
2/5:5
Hotel guest stroke: Wojtowicz
v. Qu'Appelle Holdings (Best Western Lupine Inn),
10/15:2
House construction:
(lien foreclosure, contract, punitives, attorney fees) Murphy
Homes v. Muller, 3/19:4
Insurance: (negligent
misrepresentation by retail condo agent as to insurance coverage, 49%
negligence by Plaintiffs, Judge concluded that jury computed damage amount
rather than Court as instructed, allowed jury's ``net'' to stand,
fees/costs to Defendant on claim it prevailed pursuant to condo
Declarations) McDermott v.
J&S Development,
9/17:6; (UM class action settlement members allowed to reopen wrongful
death/survivor claims, course of life damages improperly awarded in
survivor action, household services damages properly awarded albeit
incorrectly in survivor part of verdict form, $500,000 improperly awarded
to non-PR father in wrongful death claim, parents may be awarded
consortium damages for death or injury of adult child in certain
circumstances, no such circumstances here, $300,000 award vacated,
$450,000 to PR for grief/ sorrow/mental anguish affirmed, $2.3 million
vacated damages and $156,250 previously paid UM deducted from $3,310,034
verdict for net $1,353,784 plus interest) Hern
v. Safeco Ins., 12/3:1
Insurance bad faith: Wade v. State Farm
Mutual Auto Ins., 1/22:3;
(``T"" intersection auto, severe
head/orthopedic) Townsend
v. Butler,
2/5:6; Davis
v. Progressive Casualty Ins.,
5/7:5
Ladder fall:
(arm/shoulder/cervical) Donovan
v. Goyer, 4/30:5
Legal malpractice: Hansen
v. Enright, 2/26:5
Malicious
prosecution/abuse of process: (Russell watercolor authentication suit) Seltzer
v. Morton, 2/12:2;
(punitives review) 5/28:2; (defense verdict in claims against state health/environmental agencies
affirmed) Plouffe v. DPHHS,
4/16:1
Medical malpractice:
(pulmolologists, asthma steroids/AVN (shoulders/hips replacements) Rookhuizen
v. Rollins, 1/29:3;
(death, pneumococcal sepsis, asplenic) Estate
of Carlson v. Community Medical Center,
3/19:4
Mold in residence from sewer
backup: Williams v. Eureka,
10/22:5
Portable basketball stand display
tipover: (neck/back) Goss v.
Sheels All Sports,
12/3:5
Product liability:
(BMW motorcycle helmet, brain) Bennett
v. Schuberth Helme,
2/12:5; (subflooring ``squeaking'') Tripp
v. Jeld-Wen, 5/14:1;
(failed flexible water connector) Farmers
Union Mutual Ins. v. Brass Craft Mfg.,
6/11:5; (pretrial rulings) 8/27:4
Railroad crossing:
(new trial granted following $6,655,200 verdict, road not a ``public
highway,"" testimony as to angle at which truck crossed tracks
improperly limited, rebuttal expert as to hedonic damages testimony
improperly precluded, punitives issues) Dorn
v. BNSF, 2/12:4
Ranch sale: Graveyard
Ranch v. Bell, 7/16:1
Real estate commission: (failed
sale of apartment complex) Dana
v. SFC Harvedst Granger Investors LP,
12/3:5
Roof fall: (while
delivering roofing materials, fractured ankles) Ellington
v. Rocky Mountain Homestead,
6/18:4
Rugs missing from
hotel conference room: Rocky
Mountain Rug Gallery v. Billings Hotel & Convention Center,
4/30:6
Sexual assault/battery:
TEF v. Dasen, 12/17:7
Slip & fall: (show/ice slip
& fall), ankle/DVT) Seeley
v. Kreitzberg Rentals,
11/12:5
Trademark: (kayaking film
infringements occurred prior to state registration, state claim rejected
in motions hearing bench ruling, $161,322 judgment satisfied on federal
claims remaining after appeal of $2,415,000 verdict) Polar
Bear Productions v. Timex,
8/13:6
Trespass:
(unknowing) Boyd v. Hartman,
9/10:8
Trailer court
management: (unaccounted funds) Klundt
(PR of Estate of Alice Klundt) v. Hoke,
9/10:6
Water slide ``push:"(neck/mild
traumatic brain) Cozzens v.
Fun-N-Sun, 3/5:7
Wrongful discharge: (bakery employee ``grazing,'' attorney fees) Johnson
v. Costco Wholesale,
1/15:5; (coffee route salesman) Oleson
v. Farmer Bros., 3/19:7;
(fiber optics mechanic) Burchett
v. MasTec North America,
4/23:5; (auto dealer finance/insurance manager) Mayer
v. Billings Nissan,
4/23:5; (club housekeeping supervisor) Arnold
v. Yellowstone Mountain Club,
11/26:8; (electric co-op GM)
McConkey v. Flathead
Electric Co-op, 12/24:2; (constructive discharge/age
discrimination, VA radiologist)
Weber v. VA, 12/24:6
Water
Appropriation: (1999
applications too deficient to secure priority date, 2000 amendments were
new applications barred by subbasin closure) Bitterroot
River Protective Association v. Siebel,
3/12:1
Workers'
Compensation
Asbestosis: (claim
barred by statute of repose... further constitutional challenge denied) Dickerman
v. Transportation Ins.,
4/16:8; (mediation, statute of limitation, judicial estoppel,
latency/last injurious exposure defenses rejected on dismissal/summary
judgment motions) Fleming v.
International Paper,
7/16:7; (claim barred by 1995 1-year claim-filing statute) Fleming
v. International Paper,
7/16:8
Attorney fees: (supervisory control of common fund disclosure ruling
denied) State Fund v. McCarter, 1/8:2;
(fee allocation, quadriplegic) Bustell
v. AIG Claims Service,
5/7:6; (common fund global attorney fees) Schmill
v. Liberty Northwest Ins.,
6/11:1; (all legal rulings in PPD age limitations common-fund case
apply to all insurers whether or not they have raised the issues) Reesor
v. State Fund, 7/30:5;
(private AG doctrine) Thompson
v. State, 10/22:7
Benefits calculation: (Petitioner exercised
reasonable diligence in seeking recalculation
of benefits)
Lawrence v. UEF, 12/24:8
Causation:
(osteoarthritis progressing from toes to other
parts of body compensable under toe claim if
also related to occupational exposure) Redmond
v. State Fund,
4/23:6; (back problems likely result of
new injuries after first injury resolved, no
additional benefits) Strom
v. MMIA,
7/30:5; (claimant quit due to conflict
with employer, not pain from prior job
injuries, no TTD) Choi
v. Costco Wholesale,
8/6:6; (Claimant suffered meniscus tear in
unwitnessed incident as alleged) Briese
v. ACE American Ins.,
8/20:6; (claimant not injured by hepatitis
B vaccinations) Bain
v. Liberty Mutual Fire Ins.,
12/3:2
Costs:
(objected to costs require documentation) Van
Vleet v. MACO Workers" Compensation
Trust,
3/5:8; (costs following remand, signature
of attorney self-verifying, appellate
mediation costs not recoverable, copy/phone
costs reasonable) Preston
v. Transportation Ins.,
8/13:8
Emergency
trial: (denied for lack of specificity and on
merits) Peterson
v. MSGIA,
6/18:6
Employability:
(insurer failed to produce employability
evidence in light of both OD and other
conditions, while Claimant provided
testimony/medical records that she cannot work
at identified jobs, entitled to PTD) Weisgerber
v. American Home Assurance,
2/19:6
Employer/contractor:
(disabled person's caregiver) Feather
v. UEF,
4/2:8; (exotic dancers, WCC jurisdiction
over contractor disputes in wage claims) TYAD
(Playground Lounge & Casino) v. ICCU,
4/16:7; 8/13:8; (dogsled race operator was
independent contractor) Korman
Marketing Group v. ICCU,
5/14:7; (roofer was employee) UEF/Cousins
v. Poynor,
5/14:8; (temporary fence worker not casual
employee of ranch operated with profit motive)
Colmore
v. UEF,
10/1:1
Employer notice: Purkey v.
AIG,
1/22:4
Employment
preference: (statute of limitations) Lanz
v. Liberty Northwest Ins.,
4/16:8; (original preference petition
erroneously named insurer rather than
employer, amended petition naming employer
does not relate back, time-barred) Lanz
v. Liberty Northwest Ins.,
8/13:7
Exclusivity:
(Sherner standard not met in log
conveyor injury) Powell
v. Stillwater Forest Products,
5/14:4
Filing
time: (Claimant suffering from OD caused by
exposure to grain dust & hay 91-98, claim
not time-barred as he did not know until
recently that he had pathological condition) Mack
v. State Fund,
8/20:5; (no showing that claimant aware
that shoulder condition work related more than
1 year prior to claim, agreement to pay under
reservation of rights superceded original
denial, 2-year petition period not triggered
until 2nd denial following investigation) State
Fund v. Liberty Northwest Ins.,
8/20:5
Hearing
aids: (would be compensable ``medical
service'' under 1983 ODA, but claim barred by
3-year statute of repose) Stewart
v. ARCO,
4/16:8
Impairment:
(PTD claimants injured 7/87-7/87-6/91 not
entitled to impairment award) Rausch
v. State Fund,
6/11:1
IME:
(out-of-state exam denied) Kruzich
v. Old Republic Ins.,
3/19:7; (out-of-state exam denied,
guidelines for requesting out-of-state exams) Mack
v. State Fund,
5/21:8
Insurer-provider
private communications: (SB 450
unconstitutionally violates Petitioners'
privacy/due process rights) Thompson
v. State,
10/22:7
Insurer's duty to investigate: (insurer's
failure to adequately investigate aggravation
claim may have triggered timely notice, but
issue not raised in pretrial order) Purkey
v. AIG, 1/22:4
Lump sum: (PTD)
Miller v. Sears, 12/17:7
Managed
care statutes: (no standing to challenge) Robinson
v. State Fund,
7/9:5
Mediation:
(no jurisdiction over petition for benefits
since mediation not completed, no jurisdiction
to consider statute of limitations defense,
dismissed without prejudice to refiling after
mediation completed, dismissal rather than
abeyance for all future such petitions) Kutzler
v. State Fund,
2/5:8; (PTD separate from TTD, mediation
required) Peterson
v. MSGIA, 6/18:6
Medical
necessity: (handicap van) Simms
v. State Fund,
7/16:2; (occipital nerve stimulator) Sherwood
v. Watkins & Shepard Trucking,
9/3:6
Negligent
policy cancellation: (dispute belongs in
district court) MMN
Cattle Co. v. UEF,
1/29:6
Occupational
disease: (Schmill I retroactive to all
cases not final/settled, common fund global
attorney fees) Schmill
v. Liberty Northwest Ins.,
6/11:1; (OD 2-year limitations period
begins to run only after panel
evaluation/report and denial of liability,
petition timely) Kessel
v. Liberty Northwest Ins.,
8/13:7; (Claimant suffering from OD caused
by exposure to grain dust & hay 91-98,
claim not time-barred as he did not know until
recently that he had pathological condition) Mack
v. State Fund,
8/20:5
Penalty:
(denied) Briese
v. ACE American Ins.,
8/20:6
Prisoner benefits: (lifer's claim for
post-release benefits speculative and
premature, no entitlement to TTD since
claimant received no wages for community
service) Quigg v. State Fund, 1/22:5;
(denied, value of settlement offer not
established)
Miller v. Sears, 12/17:7
Procedure: (summary judgment denied for
failure to set forth facts serially and with
citations) Burke v. State Fund, 1/15:6;
(Petitioner given opportunity to provide
summary judgment opposition affidavit) Searer
v. State Fund,
2/12:6; (motion for leave to file reply
brief denied, second motion for reconsideration denied)
Fleming v. International
Paper, 12/31:6
Rehab:
(further rehab benefits denied following
inability to obtain flying job from first
plan) Lion
v. State Fund,
3/12:6
Reopen:
(whether disputed liability settlement can be
reopened based on false report by employer as
to notice requires further briefing) Frazer
v. State Fund,
6/11:6; (reopen due to alleged mistake as
to employer notice time-barred, no fraud,
duress, undue influence) Frazer
v. State Fund,
7/30:5
Retirement:
(voluntarily retired asbestosis claimant not entitled to indemnity
benefits) Fellenberg v.
Transportation Ins.,
4/16:1; (PTD not converted to PPD at age retirement) Otteson
v. State Fund, 8/20:2;
(§39-71-710 constitutional as to PTD, Reesor rationale for PPD equal
protection violation distinguished, no impermissible delegation of
legislative power to key PTD retirement age to SS Retirement)
Satterlee v. Lumberman's
Mutual Casualty, 12/17:9
Retroactivity: (IC
exemption decision applied retroactively) Mathews
v. Liberty Northwest Ins.,
6/4:6
Settlement:
(Claimant agreed to binding oral settlement agreement during settlement
conference) McElderry v. St.
Paul Fire & Marine Ins.,
5/21:7; (reopen denied, changed diagnostic label immaterial) Hansen
v. Liberty Northwest,
5/21:7; (adjuster's agreement to pay benefits does not constitute
settlement agreement) Ryckman
v. ASARCO, 9/3:6
SS offset:
(challenges rejected) Siaperas
v. State Fund, 6/25:6
Subrogation: (Montana ``made
whole'' law bars Michigan comp subrogation claim against Montana tort
award for catastrophic head injury)
Oberson (for Musselman) v.
Federated Mutual Ins., 12/24:1
Subsequent insurer:
(liable for OD) State Fund v.
Murray, 4/23:1;
(post-job insurer not liable for job OD, summary judgment despite no
cross-motion... no fees for insurer seeking indemnification from another
insurer) Travelers Property
& Casualty v. Royal Ins.,
4/30:6
TTD-PTD conversion: (insurer properly converted TTD to PTD, but in any
event Claimant's return to work terminated any further TTD) Purkey v.
AIG, 1/22:4
Uninsured employer:
(UEF estopped from imposing penalty on employer since it failed to order
PEO to cease business or notify employer of insurance lapse) MP
Livestock Trust/Polzin Trucking v. UEF,
2/12:6; (leasing company liable for UEF penalties against clients) Johnson
Bros. Contracting v. Human Dynamics Corp.,
3/12:3; (appeal time from UEF begins when ``determination'' dated, not
mailed) Flynn v. UEF,
11/5:2
Wage loss: (claimant
who chose part-time work) Kobe
v. State Fund, 7/16:8;
(vocational expert's opinion not conclusive as to wage loss) Ryckman
v. ASARCO, 9/3:6
Wages: (correction of UEF pay
periods error barred by Claimant's failure to appeal even though employer
appealed casual employment issue) Colmore
v. UEF, 10/1:1
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